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  • sukhwinderd
    02-21 07:25 PM
    people from cary, NC ; boston; detroit; orlando; new jersey till now.
    need more participation from these areas as well as from other states.





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  • ItIsNotFunny
    10-15 12:05 PM
    Guys,

    I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.





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  • bfadlia
    12-15 10:01 AM
    Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.

    That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.

    -gcisadawg


    US corporation did go abroad to recruit back when there was heavy demand in the dot com bubble and Y2K.. American recruiters for several big companies used to make regular trips all over the world like russia, eastern europe and middle east to scout talents and ship them here.. but that never happens now since 1- there is no real demand 2- Desi Bodyshops already brought in hundreds of thousands of H1 people on short term or fictituous projects then set them out to hunt for next projects in this tight market..
    We programmers need to come to grip with the fact that today unless you have a rare skill and exceptional ability America will not roll the red carpet on your GC path.





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  • neverbefore
    07-29 02:23 AM
    Hi all,

    I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.

    I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.

    Thanks

    Please desist from such irrelevant postings here. If you have a personal problem, at least display the intelligence to find the proper forum for it.

    To answer your irrelevant question, such a thing can be protested best by not consuming the beer and most of all, to not give it publicity by laying bare your intellect at the wrong fora.



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  • StarSun
    02-21 11:39 AM
    We need members to donate a lot of airmiles!

    Please contact vin13 if you want to donate miles or want to use the miles for the DC advocacy event. You have to be registered for the event.

    Please contact sukhwinderd 2011carpool@gmail.com for the car pool options. We need members from states within driving distance to DC to make it for the event on both days.

    Members please come forward with your donations NOW as it will members who plan to come to DC to use the miles, carpool options. Any delay will cause members to back away from attending the event.

    This has to be a collective effort. Members call for action, - here is your chance to help be a part of it.





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  • saileshdude
    09-14 03:27 PM
    Hi Abd,

    Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.

    Thanks.


    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.




    :) Working with attorneys to get the papers ready....



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  • ajthakur
    07-15 02:30 PM
    I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
    I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
    I plan to speak with a competent attorney once I know for sure the 140 revocation history.
    How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?





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  • signifer123
    02-14 08:42 PM
    well its yuor lucky day my good freind, because today you get to fidn a 3d progrma that you like from this great list on the net

    http://www.gamedev.net/community/forums/topic.asp?topic_id=202348



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  • iv_only_hope
    02-21 03:53 PM
    I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?





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  • rajkr
    06-10 07:49 PM
    First of all there is no mention of EADs in the Bill. So I do not understand why Pappu is highlighting this issue so much.

    Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.

    Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.

    Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.

    Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.



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  • Mr. Brown
    03-10 04:29 PM
    Hello,
    I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
    Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.

    I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
    I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
    If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
    Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.

    By re-capturing the visa numbers, we are not asking for any change in the immigration laws. We are simply asking to use the visa numbers that had been lost due to inefficient processing by the USCIS.

    Let us start preparing a petition and create a dedicated fund to achieve this goal of visa number recapturing.

    Thank you.
    Great thought about being focussed on one topic that doesn't even need a "reform"!Simplest solution to the retrogression problem I have heard so far.





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  • coolmanasip
    03-13 10:34 AM
    I believe you can get an interim EAD from local USCIS office once the application has been pending for 3 months...



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  • chanduv23
    11-22 01:33 PM
    I dont think that is correct - as per my lawyer this is what she says -

    In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:

    1. Your I-140 must be approved
    2. Your I-485 must be filed and pending for at least 180 days
    3. Your new job classification must be the same as in the old job

    If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.

    So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".

    Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.

    Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.





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  • moonlight
    06-20 12:39 PM
    I doubt about illegal of taking color copy of driver license.
    If it is why would lawyers ask for it. My lawyer asked for color copy.



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  • Indirant
    01-31 08:22 PM
    Hi,
    Good work Varsha, are we having the conf call today let us know.
    Thanks
    Sekar





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  • andycool
    03-16 02:04 PM
    141,020 visa numbers used in FY2009
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.



    __________________
    Not a legal advice.

    Hello Desi,

    "Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

    Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

    Allocation of visa numbers under Section 202(e) is accomplished as follows:

    1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
    2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)

    If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.


    This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....

    I am little confused...

    your comment will be greatly appreciated ;)



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  • singhsa3
    03-03 06:44 PM
    Some of the data can be obtained from here
    http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf

    of course it is not complete but gives a good glimpse.

    Now, you show me your 10 billion dollars :)

    Might not be extrapolation, but gross misrepresentation. Have you taken a poll or do you have any data to justify all the numbers you are including in the e-mail? If yes, then include the links for that in the letter, otherwise no one is going to believe you.

    Why, I can say, I have 10 billion dollars which I will donate to USCIS to improve their system if I get a GC right now.





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  • nozerd
    10-29 10:03 AM
    EB3 INDIA
    PD: August 2001
    LC cleared: October 2005
    I 140 approved: Jan 2006
    I485 filed: June 2007

    Waiting! Same job since 1999 (with internal promotions)





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  • wizkid732
    07-29 11:28 AM
    Why dont you start a campaign against these top notch companies that they are cheating H1Bs by not filing for Greencards? May be some senator who is bidding for a reelection in Nov will help you.

    On a serious note think about what you are asking from the company. If your services to the company are so valuable and if the company cannot survive without you, they will go to any extent to keep you. Your java/.net/unix/sap skills were very valuable just a few years ago, right now the same candidates are available in Tons. For the couple of positions we have, i am seeing 20-30 resumes everyday. What makes you so qualified that the company needs to do a gc (remember it is an incentive, just like signon bonus and profit sharing and relocation)? I do not know if anyone really is putting this on the offer letter and be liable if they backtrack on this/

    The names people are referring to are top companies. They are not obligated. So if they start the process and and they find people of your caliber they are obliged to hire them. Are you ready to forego your process at that stage? Also if they take a year for just filing are you ok with that? Basically what i am saying is that it is the employee/employer relationship.

    People bitch about desi companies (I dont work for one) as to how they gouge employees. But the benefit is that they go above and beyond to keep you on payroll. Do that with an American company - as soon as your contract ends you are done and out of job and out of status (technically). I personally know some folks who are out of job since Nov 2009 and still somehow managing to be legal (or atleast they claim)

    So bottom line is you cant have the cake and eat it too that is if you want to work for a top notch company with your meager skills and have the benefits of desi company.

    You should have come a few years earlier when people took advantage of

    Reduction in Recruitment
    Labor substitution
    Applying from states where the process took 3 months as opposed to 4 years
    starting companies in ME, NH, VT etc
    Oh by the way porting from EB3 to EB2 now


    People always find loopholes in the processes for quicker processing.

    Guys,

    Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).

    Company1: Deloitte
    Company2: Chase

    These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
    Also, you can list the companies you know whoever promised, but did not file.





    vkannan
    11-12 10:59 PM
    WRONG.
    YOU are an EB2 India guy for sure and your PD is close.

    If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.

    EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.

    Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......





    nirenjoshi
    11-04 09:02 AM
    Got the Request Reference #, but the request is on complex track.
    I am thinking of modifying the request to just my category and only upto my PD date, since the letter says that more specific requests might be put on faster track.
    Let me know what you guys think. Should we leave it on complex track or ask for more specific information?
    Also, any idea how long would it take for USCIS to act on the request -are we looking at months or weeks?
    Thanks,



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