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  • newuser
    10-20 01:27 PM
    Faxed





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  • gc_check
    04-04 09:09 AM
    I hope not. If they ban bodyshops the cap will never run out.
    And people in Real companies will be able to get the visas.

    Some of the US Companies, listed in NASDAQ / NYSE also provide human resource to Fortune 50 companies and they follow the LAW as requried. I do not think the provision that would prohibit employers from hiring H-1B workers and then outsourcing them to other businesses would be in this the bill, Atleast these businesses will lobby to take it out.





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  • senthil1
    01-09 02:05 PM
    In the consulting job there is no such thing called entry level. Generally consultant means he should be expert in that area.
    If anyone trying thro consulting companies(especially Indian bodyshoppers) they will make you 5 to 10 years of experienced candidate after 5 to 10 days of training. Clients will be charged 100 to 150 dollars per hour and consultants will be given 20 dollars per hour(no bench). Entry levels are mostly in companies like Intel.Microsoft and many other companies. It is very easy to find a company than a candidate. You can find by googling.

    Can you please share with me PM some of these companies as I am lookin for a h1b sponsorer for someone i know who has done masters here.... and is fresher... not that he wants to put fake.... he is ready to get a entry level salary and state that he graduated out of school and is a fresher..... just that he wants someone to do his h1b...





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  • nomi
    12-13 01:24 PM
    All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

    - IV has indepth explored and studied this option and have found that this change is not possible administratively.
    - we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
    - In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
    - Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
    - If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

    Hope this explains this topic. Thanks


    Thanks Pappu for explaination. Look like this door is already close. Well let me know if I can do anything to help.



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  • karanp25
    07-14 06:23 PM
    When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?

    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?





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  • Jaime
    09-12 02:14 PM
    You still have time to arrange your plans and attend! Here�s why you should come:

    You have probably made up your mind not to attend the rally. Perhaps you think that already many people will attend and that one more or one less person (You) will not make a difference. But it will! In fact, let�s not even think about whether one more or one less person will make a difference. Rather, I invite you to think this way: Do it because it�s right! Do it for yourself! Think to yourself that you would do this even if you were the only person attending the rally. Think of Gandhi. Think of Martin Luther King.

    You have been very frustrated for years with this broken immigration system, right? Perhaps you�ve been stuck for years, no raises, spouse cannot work, children aging out? How many times have you wanted to tell Congress what�s on your mind? This is likely your ONLY CHANCE to do so! Again, think of this in terms of you attending even if you were the only person attending. Attend because you are mad. Attend because you want to see change. Attend to make yourself visible, and make everyone out there know of your silent struggle. The silent struggle that you have had to put up for years. Even if that�s all you do, you will feel better. People will know the unfairness that you have been treated with! Attend because IT IS THE RIGHT THING TO DO! If your friends are not attending, try to convince them, but if they choose not to go, don�t let that influence you! Sometimes in life we have to do things just because they are right, no other reason. Will this rally work? Will lawmakers listen? Will my employer be mad that I took a day off? Will I have to spend $500 to get there? None of that matters! The only reason of why you should attend is because you have been abused, and you will not take it! You have dignity! You will go and tell Congress to stop messing with you unfairly. You have the power, freedom and OBLIGATION to do so! Your children will be proud of you. If you do not attend the rally, it will be a once-in-a-lifetime lost opportunity! LET�S GO! WE CAN DO THIS TOGETHER!!!!!!!!!!!



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  • god_bless_you
    03-16 01:33 PM
    http://www.uscis.gov/files/nativedocuments/TransformationConOps_Mar07.pdf


    One more link from USCIS which has more details on the process
    Adjudicator's Field Manual - Redacted Public Version from USCIS web site

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2





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  • 10dulkar
    08-15 05:18 PM
    Expected news for EB3 folks



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  • nojoke
    09-18 12:05 AM
    Armageddon or not, smart or fool, time will tell. My view is recession yes, outside chance of a depression. Armageddon...........not really.

    Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.

    I heard that he was asked by lehman to help them out and he politely refused.
    I hope this recession/depression doesn't spread to Asia. India will be our refuge if this affects job market here.





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  • GCKaIntezar
    01-30 03:15 PM
    See attached. Added my comments. Please feel free to add/modify.

    I suggest that keep it 1 page long only.



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  • sunny1000
    06-10 04:24 PM
    done





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  • EkAurAaya
    09-26 03:10 PM
    Dear Reader,

    Thank you for your interest in FSB. We admit that there was a
    mischaracterization of the Capitol Hill rally in the story and it was
    corrected as soon we realized the error.

    We have changed the story to correctly identify the mission as a protest of
    the long delays in securing green cards for highly-skilled workers already
    in the U.S.

    We will work to avoid errors like this in the future.

    Best regards,

    FSB

    In response to....

    "Last week 1,000 protestors-mostly legal immigrants-drew attention to the
    situation of highly skilled foreigners who want to work for companies in the
    U.S. by marching on Capitol Hill."

    Above statement is totally wrong! you are seriously misguiding readers by your above statement... the rally was for clearing up backlog of petitions filed
    for Green Cards not for increasing H1b. You should really contact the source, in this case Immigration Voice to learn what was the rally about. info@immigrationvoice.org



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  • vkrishn
    07-16 11:32 AM
    Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D

    Its all about investing in the employee and has worked so far. ROI to the company is huge if the employee is taken care of (atleast on immigration issues). Employee can just concentrate on getting the job done and making sure the best products come out of the door on time to the end user making the company profitable.

    My take: Money they spend on immigration issues (Law Firm, Renewals) should be peanuts to the profit the company makes.





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  • nixstor
    07-05 11:19 AM
    Yes, there are other ways that in an emergency you can keep in touch with IV. Total waste of valuable money, for the couple of occasions it has happened

    I dont really care about the website outages. Thats not the main issue. Two or three core/senior volunteers are always running a contribution drive. Imagine thse people doing some thing more productive than running funding/media drives. When shyt hits the roof, we have a boat load of people asking when the hell shyt is gonna be all over us or how to wipe off the shyt. IV's strength lies in its members and all the time IV members have not responded to enroll in a monthly payment. People want GC's, but they dont want to pay for the fight. People want GC's but they want accountability for 20USD. People have point specific issues about themselves and their imigration issues and are happy to leverage the knowledge of the IV community, but do not care a damn about IV community. Those who pay, pay twice, pay thrice and even more. Why should any one do it? Why should others just simply browse and get answers for persoanl point specific issues? Those who do not know the value of green and what it can do in America, should stop worrying about GC. We have become a laughing stock for people on anti forums like alipac who have arrived at the conclusion that they dont need to fight us because we fight among us big time. Enough of my rant.



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  • nirenjoshi
    03-09 12:53 PM
    EB3 ROW has been retrogressed as predicted in Oh's website.
    All non-India EB3 are at March 03 now....
    Will they keep them at March 03 for few months and give a bump to EB3?

    Something is cooking...Otherwise they wouldn't retrogress ROW by almost 2 years...

    From the bulletin -

    E. RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL

    Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or �unavailability� at any time cannot be ruled out.

    It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.





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  • Mr. Brown
    03-10 04:59 PM
    Please pardon me for my ignorance but why is that every admin fix will work with money in this country?

    Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)

    I could recall that July '07 fiasco has been fixed without we donate anything.

    Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?

    These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
    Welcome to Capitalism!

    ...and yes it is the equivalent of bribes taken by our political people in India. As with most things Americans do it diplomatically by calling it "party funds" :-)



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  • alterego
    07-04 08:31 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS’s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The “documentarily qualified 485 applications” mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made “current” for all EB categories. This is how they determine “current” or “over-subscribed” and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.


    Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.

    This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
    If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!

    Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.





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  • saveimmigration
    01-16 09:29 PM
    GC process is like a monkey on the shoulder. You only realize when he gets off, that how much burden you were carrying all along.





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  • abhijitp
    03-17 12:28 PM
    Folks from North California... please volunteer to attend the Advocacy Days (all 4 days). Others in North California may be able to help you with airfare, etc. (Check the yahoogroup for more details)





    Canadian_Dream
    04-04 02:18 PM
    The Durbin-Grassley bill would prohibit employers from hiring H-1B employees who are then outsourced to other companies. This is a method that some companies use to evade restrictions on hiring H-1Bs.

    http://durbin.senate.gov/record.cfm?id=271783





    desi3933
    01-30 03:04 PM
    So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?

    No. This is NOT what I said.

    Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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