Monday, July 4, 2011

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  • trueguy
    07-23 12:27 PM
    Currently, there are about 400K EB AOS (including EB2 and EB3 and all countries) pending with USCIS. If USCIS works efficiently and doesn't waste any numbers then this backlog can be cleared in 3 years assuming demand for EB2-ROW remains the same.





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  • swethanjit
    07-09 07:29 PM
    Dear Sir / Madam,

    I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?

    Regards
    Swetha.





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  • gauravster
    06-04 03:01 PM
    As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.

    To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.

    The EAD/AC21 is still only available to those who are July 07 filers. There are many who have missed the oppurtunity. What many people are asking for is for something such that anyone can change a job after some given time, irrespective of Visa number availability. Even for those with EAD's, you are still restricted to be in the same field. So if you want a career move and do an MBA or acquire new skills to change your career, you cannot do that (unless EAD is for a dependent). If this is not pigeoning people, what is.





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  • msp1976
    02-18 10:19 AM
    UnitedNations,

    Your argument about immigrants favoring their kin for the employment based immigration is true...and you say that the USCIS would increase the scrutiny of each application...But it is a fact that a majority of our members, I would estimate 80% or more would very well stand up to a rigorous scrutiny...You see a lot of Indian coming in on EB immigration not because they have some kin here in US to sponsor them but because of the fact that there is a massive skills buildup in India as a effect of several favorable factors like...
    1. a large education system producing a large number of graduates...
    2. increased awareness in the population of the capability of technology wiping out their poverty...
    3. large hungry young ambitious population who toughen up in cutthroat competition...

    So I say let there be increased scrutiny.....If there are larger numbers allowed of EB immigrants even with rigorous scrutiny and prompt processing.....My particular group would emerge as a winner....

    During my education in India I have gone through so much scrutiny, I am not afraid of any scrutiny any more....I welcome it.....


    Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
    Reply With Quote


    When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
    But that should not be the determining dominant parameter....

    The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....

    The projections of manpower deficit due to demographic shift are in millions......

    If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....


    America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
    http://www.teamncpa.org/main/news.php?ItemsID=165

    Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....


    I understand that Americans are concerned about their jobs and the whole argument... But look into the future...
    If you stop this immigrant flow and I am not talking about the mexicans...Your standard of living would undergo revision on the great depression scale on the scale of 1930's depression....You would have economic contraction rather than expansion...This would become a country of old geezers dying of hunger......
    Please forgive me for the harsh choice of words....But someone has to show you the mirror...



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  • JA1HIND
    02-15 08:12 AM
    ........I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
    I will fight this case atleast to try to prove my point before I leave this place.
    I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.

    Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!





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  • jthomas
    06-01 01:25 PM
    Lets start writing to authorities about SSA money. This is the best time to ask for it because we are in a recession. They won't be able to make a decision but may remove country quota.

    Can we make a letter with all the issues we are facing and mail it to all the authorities.

    Can somebody summarise the thread and we look for a action plan. Please do it soon before the fire burns out

    J thomas

    In a way the whole process have no logic.

    to list a few......

    Companies recruiting for a "permanent job" 10+ years in future !!!
    DOL making sure that this 10+ years future job doesn't replace any US citizen !!!
    DOL making sure that the salary is good for this "10+ years future job", using the current data.
    Ohh... and expecting the person to remain in the same/similar job and not receive much hier salary even after 15 years.
    DOS making sure "ethnic mix" by a "country based limit", so if "India" is divided into 100 different small nations, everyone of them will get GC really fast (even though they are all in same ethnic).



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  • nashim
    07-15 02:06 PM
    Dear Attorney,

    Is it possible to have 2 different I-485 with 2 different employers at the same time?

    I already have an I-485 pending through my current employer. Is it possible for me to file another I-485 through my future employer?





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  • needhelp!
    09-23 02:32 PM
    Please send the email one-by-one instead of a single mass email.



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  • okuzmin
    04-09 12:14 PM
    WFGC2006, to my knowledge, in order to be able to apply for Canadian citizenship, you must stay in the country for 3 out of the last 4 years cumulatively, not consecutively.





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  • qualified_trash
    06-21 03:11 PM
    Friends,

    Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.

    I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.

    fighting retrogression and 485 filing during retrogression are important than this.

    Its my opinion only, pls take it on a lighter note...

    - Rishi
    very true ..................... but it is legal so ......... maybe we should all use it.

    I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........

    He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.



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  • mailmy_gc
    07-29 05:39 PM
    Guys,

    I live in a place, Where we can find very few Indians. Out of 1500 units of apartments we are the only Indian family used to live in.

    One fine day (of course relaized that was worst day) My kid is playing at the play ground and I saw one Indian couple was walking towards the ground. I was so excited (offcourse later exploited) that atleat my will get some company. He spoke to me nice and I introduced my wife. I gave my phone number ...

    After 3 -4 days I got a call !!!! He said, one of his friend (big shot) is retiring this evening, if you guys can join, The Saga continued ..

    We all went then I relaized that it is Quix !! I couldn't get rid of them for 3,4 months (Offcourse I am new to US that time). But atlast we told them we can not do ... Even after that he used to call us for atleast do this ... you don't need to do any thing we all take care of it.etc.

    While I am reading this thread, I am laughing myself alot and I read almost all the replies. Offcourse I don't think some of our friends are writing that some quix guys may read this threading and upset about it.

    Common even my wife and myself had fight about these guys and I was so upset for days and every time we meet I was so embarasssed to say "No".

    if you get chance read this book for How to say No in a polished way -" Power Phrases by Meril Reunion"





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  • reachinus
    07-30 04:04 PM
    Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.

    Thanks for your time in advance.



    I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.

    For example
    My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.

    But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?



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  • manoj_2002
    07-25 09:09 AM
    But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?





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  • abhijitp
    07-04 11:20 AM
    Need more titles!

    Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!


    GOVT AGENCIES SHORT CIRCUIT A MILLION HOPES... or something on these lines... but just mention Govt Agencies, so the common man understands



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  • sk2006
    03-31 09:08 PM
    You should if you belongs to Zimabwe.

    I don't know who is real " waste of resources" here ? People who are concerned about their mother country's future or people who call them "waster of resources" !!!

    MERA BHARAT MAHAN !

    You are worried about your mother country's future but want USA's Green card(And probably eventual citizenship) so that you don't have to go back to your home country..

    Height of Hypocrisy!

    :confused:





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  • voldemar
    06-26 09:23 PM
    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
    Logicfile, here is my understanding:
    Oh Law firm said :
    ------------------
    06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

    * This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action. Hmm............................................... .................................................. ...............?!................................. .................................................. ................................................!?

    06
    ----------------------------
    The link as usual http://www.immigration-law.com/Canada.html
    The source for that is AILA EB-3 Other Worker Visa Availability Update (http://www.aila.org/content/default.aspx?docid=22671)I don't have access to original AILA document.



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  • garybanz
    12-14 05:18 PM
    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?

    For diversity this country has diversity lottery visa this is for the society to have people of different countries/ languages/ foods/ dresses/ colors etc
    , EB visa is for the economy to get the talent it needs to be competitive in this world. There is a huge difference.





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  • gc_check
    06-15 01:45 PM
    Luck does plays in big role in EB Immigration.

    Prior to PERM, people applied from one of the States that were processing fast got the GC within couple years. People mainly from NY,NJ,CA,TX,OH and few others were those unlucky ones who had to go through back log elimination center with very old PD's. All, dates were current till Dec 31,2004 and most people who were able to get Labor approval prior to date were able to file 485 prior to this date and most got GC's. But BEC was slow in the beginning, they had this 45 day letter, etc... and by the time, labor approvals started from BEC, priority dates were already retrogressed. Still most people if not all got their GC's. They are still a significant numbers with PD's from 01,02 and 03 waiting in EB3 category and a few in EB2. Since late 2000 and 2001 were not a nice year for s/w sector, i believe a greater number of people were forced to change employment and without a approved I-140 they were not able to carry their PD. Also few folks stuck with a pending AOS somehow got lucky in July.

    There are multiple form posts with reference to Oppenheim statements and I quote the link from Murthy website
    http://www.murthy.com/news/n_ebvisa.html

    I believe the significant % of numbers of pending application in EB2 would be with a PERM labor and all are with PD with March 2005 or later and few with traditional labor process. Assume 90% of applicants with PD earlier than 2003 should have got their GC's and if not will soon. EB3 would have a mix of folks waiting as many people are with PD 2004 or later and when dates were current, none bothered about the category in which GC/ labor was filed. EB3, had not gotten any unused visa from other categories and given the current scenario, it does not look bright either, unless EB2 is current, numbers don't trickle down to EB3 and EB3 ROW itself is in severe demand. I do know few unlucky friends of mine with EB3 PD of 2004 or earlier still waiting to file AOS.

    We all know, till Sept 09, nothing would change. Come Oct 2009, with FY10 visas, at least pre-prem EB2 folks have a better change but for EB3, unless you are 2001 / 2002 chance are very little in FY10 and folks with PD03 and sooner can cautiously bet on FY11, unless there is some congressional intervention, the only option is to wait...

    But if we can get one or two small relief, if not a complete solution to the entire mess, legislative solution like Not counting dependent (On average each primary application consume 2-3 visa numbers based on history), re-capture unused numbers, waive per country limit for n number of years or exclude people with PD older than 5 years and already in US (just an example) or exclude people who already have 40 credits points with SSA (At least these people have contributed to the country significantly ~10 yrs and already consider they are part of this society ) might help.

    Also, lately there seems to be a lot of venting out in the forums rather than having a constructive debate / discussion. Also just talking does not translate to results.

    It is practically not possible for all to be actively involved in works IV core is doing (appreciate them) for various reasons but small or big at the least, a one time contribution from all who have not done so far might help these folks who dedicate their time and energy and result in a relief for all. Change doesn't come @ ease. I am not active either, but from time to time, I try to do the small part I can. Given the dynamic environment we are in, we need to do something today or it is too late.... This forum has 30,000 + members and $10 per individual could translate to 300K that can be put to good use. Nothing is free in this world.





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  • gude.ravi
    10-10 09:03 AM
    I agree. This is one of the good ideas to do. Most of the people can afford to buy a home in this down market. This idea is better than being badly treated by bad employers.





    JazzByTheBay
    12-13 04:34 PM
    If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??

    jazz

    Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?





    ardnahc
    07-21 05:56 PM
    I concur with all the folks in this forum here.

    This reminded me of one of my experiences with Amway guys. This dude comes to me in a mall and started off with his usual "Amway - styled" conversation and finally said that he owns a site similar to amazon.com. That is when I realized and stopped him right there and said "We already have amazon.com, why do you want to open a new one?" he was dumb-founded for a sec then he pretended to attend a phone call and stepped away.



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