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  • gc_kaavaali
    09-16 05:03 PM
    It is my request only!!! Can you please stop replying in 'Red' color? It is really annoying.

    Having stated the above which pretains only to those cases which are still in process.

    For those who have their GC in their hand, the situation could be slightly different.

    If you do not join the company, it is considered as SHAM EMPLOYMENT.

    I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.

    GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.

    By the way, I have decided to join another company after 2 months.

    Jumping the boat immediately might cause trouble.

    So please be patient and give it as much as time as possible. I will say at least 2-3 months.





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  • gandalf_gray
    06-02 10:27 AM
    It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.

    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?





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  • fromnaija
    10-05 12:49 PM
    On the flip side, I know people who have gotten selected in DV the very first time. Like you said, that's why it's called a lottery. Anything can happen.

    Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.


    This is my strategy. I play my entry in the early weeks and play my wife's entry towards the end.





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  • venetian
    07-06 12:16 PM
    Thanks to wandmaker & acecupid for the response.



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  • ImmiLosers
    09-25 05:25 PM
    That is not true. Unless the second I-140 was filed(the EB2) requesting to use the earlier priority date, I dont think they will accept the Eb2 application with the Eb3 priority date

    They did for me...





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  • snathan
    02-11 01:50 PM
    Hi Folks,

    What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.

    USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
    I guess USPS is claiming 6-10 days (guess no gurantee) to india.

    Other couriers seems to be $70+ (FedEx, UPS, DHL)..

    Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?

    Need to get docs for an interview for parents on Feb 26th in Chennai...

    Thanks in Advance for your reply !!

    USPS is cheap and best...


    There is one more thing even cheaper...

    put it in a water tight bottle and throw it to the pacific ocean...and pray it will reach chennai.:D



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  • admin
    02-09 10:32 PM
    Everyone, I am working on a way to customize the WebFax. I should be able to complete it over the weekend.





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  • vactorboy29
    02-24 12:51 PM
    Basic purpose of our forum is to create awareness/educate legal Immigrants so that they can get help for there cause at the same time we get some help from them to push forward this movement. Recently we are seeing big inflow of queries because economy is bad our brother and sisters getting in deep trouble.
    How we can voice our concern in this bad time key is to find the solution.
    My thoughts on this................
    1) Get the help from our Indian/Chinese community on all levels like city, state and national level.
    2) We will run advertisement campaign about, who we are and where we stand. This adv. could be air on Lue's show or even on other popular shows...
    3) We need lobbying in congress .I know we have this in this place but we can show our strength through legal Indian/Chinese Immigrant plus Indian/Chinese American citizen then we got big weight in our plate.
    4) To get all of the above and may be more we need Money and Man power to execute this.



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  • sekasi
    08-25 07:12 PM
    I want a smug smiley.

    Also, the 'mad' one, :m: looks more like a steaming bun than an angry face ; )





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  • pappu
    05-08 10:26 AM
    Hello all,

    While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
    Good to hear that.
    You must follow up with them and tell them that you are an IV member and stuck in rertrogression. Educate them a bit about the long delays in the green card process and seek an appointment with them so that you can discuss the issues in person. As soon as you seek an appointment, get in touch with IV. (varsha at immigrationvoioce.org and sanjay at immigrationvoice.org )and they will guide you for the meeting.
    These are good signs that the office wants to discuss your concerns. Make use of the opportunity and help this community and yourself by following it up. If you would not like to disclose your employer to the lawmaker, that is fine. Generally lawmaker offices are considerate and very friendly. You will like the experience after you have met them.



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  • njboy
    09-11 01:35 PM
    well, he is talking only about the backlog processing centers...so..there are no i-140s backlogged in the BPC because.......there are hundreds of thousands of labor certifications that need to be cleared first..only after which they can apply for i-140! Like I said, he is focusing on the positive, which is a good thing..Someone else (erroneously) said that the department of labor and the backlog processing centers are 2 different entitities..however, I'd like to point out that, the job of clearing the labor certs has been transferred over from the state workforce agencies to the backlog processing centers..so, ignoring that, and saying there is no i-140 backlog is just focusing on the good news..





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  • Janisaris
    11-06 05:31 PM
    Hi,

    did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.

    Please let me know if u got ur receipt number.
    any one else who are wating on receipt number who filed I-485 on july 2nd.

    I am July 19th Filer. They did not have my information in the system till Oct 31st. But when I called this Monday I got my receipts as they were entered on Nov 1st. As per USCIS they are done receipting all the applications received in July- Aug.

    You might want to call and create a service request.



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  • imm_pro
    05-20 01:13 PM
    http://www.humanevents.com/article.php?id=26605

    looks like the Agjobs amendment tagged to this bill is drawing lot of attention and negative publicity..

    This is why we keep close watch on Congress. In a bipartisan effort accomplished quickly and virtually under the table, Sens. Diane Feinstein (D-Calif.) and Sen. Larry Craig (R-Idaho) -- in Senate Appropriations markup of the War Supplemental bill -- obtained approval of an amendment that would create an amnesty for illegal alien farm workers. The measure, called the Emergency Agriculture Relief Act, was added to the War Supplemental bill in a 17-12 vote last Thursday.

    Known as the AgJob amendment, the Feinstein-Craig measure revived instantaneously the controversy that caused conservatives to lash out at the White House and Congress last summer.

    The measure would grant temporary legal status to 1.35 million illegal immigrants and their families currently working in the agricultural field. The legislation was passed out of committee at the request of agribusiness interests who have been insisting that they need illegal aliens to harvest crops and run horse shows. The legislation is nothing less than �comprehensive immigration reform� on a smaller scale.

    What supporters of the amendment are calling �emergency� and �temporary�, opponents have labeled an �amnesty visa.� Sen. Robert Byrd (D-WV) said he considered the amendment amnesty and that �all these immigration issues should be addressed through the regular order."
    Sen. David Vitter (R-La.) opposes the amendment and said he will be working to remove it from the supplemental bill.

    �Instead of ensuring that American troops are provided with the tools and resources that they need to protect our homeland, some in the Senate have instead chosen to jeopardize this funding by inserting provisions that are -- at best -- counterproductive to the efforts of our military members,� said Vitter in a press release.

    According to Feinstein, the legislation is supported by the American Farm Bureau, the United Farm Workers, and other similar organizations but this is likely because it allows those employers to continue paying excessively low wages.

    Feinstein assured the Appropriations Committee that the bill was not an amnesty because it requires the individuals work at least 100 days a year in the agricultural industry for the next five years.

    �It is an emergency agricultural worker bill, which will give protected status to those workers who have worked in agriculture within the last 48 months,� she said, also noting that the U.S. would lose $5-9 billion to foreign competition without it.

    Those are the same arguments that we heard last summer. In truth, Feinstein-Craig DOES provide amnesty for an unknown number of illegal workers. It provides, as the Bush-McCain-Kennedy bill did, a path to citizenship for some illegal aliens.

    The amendment will go through the Senate this week as they consider the Iraq spending bill as a whole. At this writing, it isn�t clear that Senate Majority Leader Harry Reid (D-Nev.) will bring the measure to the floor for a vote.

    NumbersUSA, an organization fighting illegal immigration, called the amendment �outrageous� and urged constituents to contact their political leaders. They noted that because families can also obtain temporary legal status through the amendment, it could reach almost 3 million people.

    �The most important point to stress is that there is no need for an amnesty to provide growers with workers�there already is an H-2A foreign agricultural worker program that provides growers with an unlimited number of temporary workers if the growers agree to pay a decent wage and ensure that they go home at the end of the season,� said NumbersUSA news release.

    Some farming organizations, like the Northwest Growers Association, not only support the measure but don�t think it does enough. They claim the AgJobs amendment doesn�t do enough for illegal aliens because it includes an �unrealistic visa cap.�

    But the H-2A visa program exists and works without a cap. While Craig and others claim �oranges are rotting� on trees and needs illegal aliens to tend to our agriculture, places like the North Carolina Grower�s Association (NCGA, spotlighted on Michelle Malkin�s blog), oppose the amendment and have fared well with H-2A. NCGA utilizes H-2A to its fullest capacity as other agricultural organizations do not.

    Additionally, AgJobs would maximize H-2B visas (lower skill, non-agricultural seasonal workers) and push an influx of more illegal immigrants, which clashes with what the American people want. They demonstrated their disapproval of amnesty proposals last year by a bipartisan grassroots effort to kill the immigration reform bill of 2007.

    Sen. Barbara Mikulski (D-Md) also slipped in an amendment supporting illegal immigrants in the supplemental bill. Mikulski hopes to extend a program for temporary workers to re-enter the country without being subject to the limits on H2B visas. In a Congress Daily article, she said, "If you like Maryland crabs, vote for this amendment.�

    "It seems that the members of the Senate Appropriations Committee love our troops�but for entirely different reasons: they provide convenient cover for passing special interest legislation to benefit illegal aliens and powerful business lobbies," wrote Ira Mehlman, Media Director of the Federation for American Immigration Reform (FAIR) in an opinion piece yesterday.

    Mehlman also reported that Sen. Patty Murray (D-Wa.) added a provision that would include 218,000 visas for skilled foreign workers. Part of the problem is this: Right now, America�s population is 300 million. At the rate we are going with illegal immigrants (sped up by amendments like these), the US Census Bureau estimates the population will be 450 million by 2050. If a Democrat, entitlement-oriented government sinks its teeth in, taxes will be higher than ever and freedom will be in jeopardy.

    The Senate will begin debate on the supplemental bill tomorrow and is likely to vote on it before the end of the week. Some Republican senators -- including Alabama�s Jeff Sessions and others -- are working hard to expunge the illegal alien amnesty provisions. The only thing that may save the day is that the Democrats are including many of the antiwar measures that the president has vetoed in previous bills. If the bill passes, it�s likely to be vetoed.

    And Congress will be back to ground zero after Memorial Day.





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  • geve
    09-22 11:58 AM
    http://www.businessweek.com/technology/content/sep2008/tc20080915_270731.htm

    There's no place like the U.S. when it comes to creating a thriving tech sector. Or is there? The U.S. still has the world's most competitive information technology industry, but its lead is slipping, according to a new study conducted by the Economist Intelligence Unit (EIU) for the Business Software Alliance (BSA).

    The study, released Sept. 16, ranks 66 countries in six areas, including the availability of skilled labor, the "innovation friendliness" of a nation's culture, and the strength of its legal protections for intellectual property. The U.S. scored highest overall, but its rating fell from last year, and it was No. 1 in only three of the categories. "America should be proud that it's No. 1, but Americans should also be aware that it can no longer take its leadership for granted," says Robert Holleyman, president and CEO of the BSA, a Washington (D.C.)-based organization that promotes the interests of the software industry.

    The EIU's analysis also weighed the quality of a nation's technology infrastructure, measuring the number of PCs per 100 people, market spending on IT hardware per 100 people, the availability of secure Internet servers per 100,000 people, and the percentage of the population with high-speed Internet access. Switzerland, ranked 11th overall, outscored the U.S. on IT infrastructure, which accounted for 20% of a country's score. The study also assessed the openness of a country's economy and the quality of government leadership on technology issues.

    No. 5 in R&D Support

    In a finding that's likely to vex would-be entrepreneurs, the U.S. scores even further down the list�No. 5�in support for R&D. Taiwan led the category, followed by South Korea, Japan, and Sweden. Here, the EIU scored countries based on the number of new IT-related patents, receipts from royalty payments and licensing fees, and public and private spending on R&D. Holleyman says the BSA plans to share its findings with both major Presidential campaigns and with members of Congress.

    The U.S. also lags countries including Canada, Singapore, Britain, and Norway in support for IT development, which accounted for 15% of the overall score. This category covers such things as e-government initiatives, government spending on IT hardware, and access to financing.

    The findings of the study will likely renew calls among both IT industry executives and politicians for the country to develop a national innovation strategy as countries such as Finland have done. "America needs a wake-up call," says John Kao, a former professor at Harvard Business School and author of Innovation Nation, a book arguing that the U.S. is losing its edge. "We don't really have a national strategy," he says. "And while I'm not a fan of top-down technocratic approach, I think that at this point in our history, having no strategy is not satisfactory."

    Sounding the Alarm

    As concerned as he is about U.S. competitiveness, Kao is not a favor of indexes that compare competitiveness among nations, saying they can misrepresent a country's true climate. "They're really abstractions of reality, and they often paint too rosy a picture," he says.
    Kao isn't alone in calling the country's competitiveness into question. Judy Estrin, a former Cisco Systems (CSCO) executive, is sounding the alarm as well in a new book, Closing the Innovation Gap, published by BusinessWeek's parent, The McGraw-Hill Cos. (MHP). Estrin says that the lead America enjoys now is the result of work done decades ago, and that the same commitment to innovation and research that existed before has evaporated. "Innovation builds on innovation. We're reaping the benefits now of seeds planted 10, 20, and 30 years ago, and the problem is that we're not planting any more seeds," she says.

    The study shows the U.S. still leads the world in the "human capital" category, which measures the number of students attending universities, a country's capacity to train scientists and engineers, and employment in the tech sector as a percentage of the overall workforce. Here too, though, the U.S. lead is threatened. While students from other countries still flock to U.S. universities to get their MBAs and PhDs, tight immigration policies are causing more of those students to go home after graduation. "Our own education system is not producing the innovators we need," Estrin says. "And we're not opening our doors to the best people, and our immigration policy is such that we have been making it harder for them to stay, and so they are going home and innovating elsewhere."

    By highlighting vulnerabilities, the study doesn't just trumpet U.S. weaknesses; it points to areas where improvements can be made. "A strong tech industry is crucial to America's ability to address almost every economic and social challenge," Holleyman says in a statement. "Despite our current economic difficulties, the tech sector remains one of the primary engines of the U.S. economy. This index provides a guide to how we can keep that engine moving forward to ensure competitiveness in the future."



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  • boreal
    01-31 06:52 PM
    OH boy! USCIS has found a new way of harassing us legal immigrants ;) come on guys! Know how to solve issues. Begin by not creating a thread at IV for such issues. Talk to your utility company folks, see whats happening. Check with your landlord to know why the meter reading is so high..If they have already charge your credit card, dispute it...start by talking with real people on the phone or maybe visit the utility company personally...for God's sake dont show your ignorance like this and give more fodder to SOBs like Matt....please!!





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  • CatsintheCraddle
    05-04 05:07 PM
    Oh, by the way, I did not file for I-140, I went filed I-130 based on marriage to a US citizen. Thanks for the link but I couldn't find anything on my kind of case.



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  • abhijitp
    07-18 07:00 PM
    I think if you got the I-140 approval before mid-August you should be able to apply for AOS. If I were you, I would keep everything (birth certificates, medical exams, photographs, etc) ready and even the application forms completed.





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  • ram04
    05-23 10:36 AM
    Re entry with new H1 in 2003 - will it not reset your prior record straight?

    Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?



    I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�

    So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
    -Why your case was denied at that time (L1B extension???) This usually never happens�
    And/or
    -What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?

    Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.

    So your research might be right about the 240 day thing which could put this into a different level.

    I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe





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  • motown
    10-21 10:50 PM
    I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated


    AC-21 Public law 106-396 might be applicable to your case. Please read the last paragraph in page 10 from the following link

    http://www.uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf

    I am not an attorney. Use it at your own risk.
    Good Luck.

    Motown





    mohitb272
    12-11 03:11 PM
    one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.

    Cannot agree with you more! USCIS - is any one listening???





    ronnie0479
    07-10 06:24 PM
    On June 9th, CIS provided the required data to VO. ????

    I think what he meant was July Visa bulletin was based on the data DOS had before CIS provides more data to DOS on June 9. if you see the July Bulletin was posted on June 8th , till that time DOS didn't has the info about spill over. Even i think the Dates might move further if not many years, i think it will at least move a bit more.



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