Monday, June 13, 2011

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  • gcnotfiledyet
    02-24 11:27 AM
    1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?

    As far as I understood cap-exempt visa are not for all non profits. It is for non profit research organizations only. That is the reason most universities/charity research organizations qualify for it.

    3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.

    Try not to going through any consulting stuff just to file in April. Consulting companies are going through rough phase and USCIS is getting very strict with them (this is just my preception from what I am hearing around).

    I am little into CRA position right now working for university. send me pm if you need info.





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  • trinigirl
    08-09 06:36 PM
    Are you kidding me $400.00 I paid $115.00 Including tetanus shot and tb shot. $35.00 for the lab work and my husband's insurance covered the x-ray because I Knew it would com back positive. What a rip off





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  • ghost
    07-24 04:20 PM
    What can we ask for-
    1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
    2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
    3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?


    LC - Verification is related to the sponsored job
    140 - Verification is related to the sponsoring company
    485 - Verification is related to the sponsored individual

    Portability, by definition, applies to individual and not company. Why would your company want you to have portability?





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  • surabhi
    05-28 10:23 AM
    It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date

    see page 2 in the following link

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf

    relevant text is reproduced here

    Second, the Ombudsman recommended that USCIS issue Employment Authorization
    Documents valid as of the date any previoua EAD expires.


    USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.

    Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.

    Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.

    Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
    progress on this front.



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  • trueguy
    08-11 11:30 AM
    It will be easy to reconcile if some one creates a single polling post from 2001 to 2008

    That someone could be you as well.

    Anyways, I started a new thread for 2001 to 2008. Please vote here:

    http://immigrationvoice.org/forum/showthread.php?t=20798





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  • immig4me
    11-03 10:08 AM
    I don't care much for either party, but I do find "talking points" abhorring as it never considers the practical matters...........

    What is it about the immigration debate that makes Republicans in Congress act like children?

    In the latest stunt, all seven Republicans on the Senate Judiciary Committee - Charles Grassley, Jon Kyl, John Cornyn, Orrin Hatch, Lindsey Graham, Tom Coburn and Jeff Sessions - have signed a letter asking Homeland Security Secretary Janet Napolitano to "detail exactly how much funding" would be needed to "ensure that enforcement of the law occurs consistently for every illegal alien encountered and apprehended."

    The answer: A lot.

    John Morton, director of Immigration and Customs Enforcement, told me that Congress appropriates $2.6 billion each year for the detention and removal of illegal immigrants.

    According to Morton, ICE is able to apprehend, process and remove a maximum of about 400,000 immigrants per year. (From October 2009 to September 2010, the Obama administration deported 392,862 people.) This is a record, and yet still only a fraction of the estimated 10.3 million illegal immigrants living in the United States.

    So to remove 10 million illegal immigrants, it would cost about $65 billion.

    There you go, senators. Will that be cash or charge?

    Of course, there are also the ancillary costs. First, if the federal government were to cast the net wide enough to apprehend large numbers of suspected illegal immigrants, perhaps by substituting skin color for probable cause (see: Arizona), it's likely to ensnare a good number of U.S.-born Latinos who would probably file a flurry of lawsuits for racial profiling, and thus run up the tab. Second, in the time that it takes to detect, detain and deport 10 million illegal immigrants, many of those who had already been removed would come back - and then have to be re-deported at an additional cost. And third, by spending that much more money on enforcement, federal immigration officials would surely inspire smugglers on the other side of the border to raise their prices. This would only enrich and empower the bad guys to bring in still more illegal immigrants.

    Then, there is another problem. As incredible as it sounds, deporting millions of illegal immigrants would be disruptive to Americans' way of life. As Morton pointed out, there would likely be massive and debilitating labor shortages, especially in those industries that currently depend more heavily than they should on illegal immigrant labor.

    "No one is talking about letting people go on their way with no punishment whatsoever," Morton said. "But we need a rational discussion of the proper sanction in light of the circumstances."

    Republicans are really in no position to talk about seriousness. When serious leadership is called for, they offer only theatrics and chest-thumping. They have to realize that, as a practical matter, ICE can't deport every illegal immigrant it comes in contact with. But they don't care. They only want attention.

    The GOP has a lot invested in spinning the yarn that the border can be secured and millions of illegal immigrants expelled through a strategy of enforcement only. Once you adopt this line of thinking, the way to explain the fact that there are still millions of illegal immigrants in the United States is to somehow argue that the Obama administration has been slow to deport them.

    This was a harmless delusion when Republicans were in the minority in Congress. But now that they are gaining seats, it could become a real nuisance as politicians proceed to lecture law enforcement officials about the best way to enforce the law.

    As the country's top immigration enforcement official, Morton is critical of an enforcement-only approach.

    "You have to be much more precise than simply saying 'deport them all'," he said. "That kind of attitude doesn't make sense in the context of how you deal with 10.3 million people."

    There you have it. Right on cue, seven Republican senators have stopped making sense.


    Read more: Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL#ixzz14ETlnYgq)
    Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL)



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  • rheoretro
    11-07 02:18 PM
    cool

    rheoretro,

    Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.

    I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.

    So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)





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  • joydiptac
    05-18 06:44 PM
    Guys,

    This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!

    Pappu sir,

    Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.



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  • seahawks
    07-25 02:01 AM
    I'm a new comer... I would like to contribute if I could...but what's IV?

    sorry that I was away the past weekend, thus the late reply
    IV stands for immigrationvoice.org a forum where we are all writing, sharing our thoughts and helping in whatever ways we can on helping the confused often lengthy process of getting an employment based green card. Check out the home page and you will get all the information on all the wonderful founders, core members, volunteers and ofcourse all the members in whatever way are trying to help raise awareness on the employment immigration problems that we face and to see if we can get the honorable members of the house and senate understand our pain and bring some bill that will make us see light at the end of the legal line of aliens forever waiting for Green Card:)





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  • AK_GC
    02-13 12:50 AM
    I feel your pain. Here is my advice. Talk to your local Senator. I have been in contact with my local senator since Nov 2008. Finally, i got my I485 approved on 10th Feb, yet to receive cards though.

    My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.


    Our priority date is not yet current but that seem like a good idea. How do I go about finding who to contact.



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  • saketkapur
    03-24 03:38 PM
    She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
    We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
    So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
    If you need details then PM me.
    Everyone has their own priorities and their own way of dealing with the situations.





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  • s416504
    08-13 08:26 PM
    I think of refiling because I have filed without lawyar (due to Friday 06/29 rumor). I understand frustrations of fews guyes..as I am also in same boat.



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  • joydiptac
    05-18 06:44 PM
    Guys,

    This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!

    Pappu sir,

    Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.





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  • desi3933
    06-25 07:24 AM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor’s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.

    >> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002



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  • Hope_GC
    07-17 07:47 PM
    Really Thank and Appreciate Mr Gonzales.





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  • kaisersose
    05-29 11:17 AM
    Gurus,

    I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    Thank You for answering my questions.
    KC Indian

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    -- No.

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    -- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    -- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.



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  • malibuguy007
    10-02 01:05 PM
    $250 so far in less than 24 hours. Hoping to do better in the next 24........





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  • marty
    01-09 03:28 PM
    don't u come under refugee category? just like Iraqis?

    No. I was born there but was raised abroad.





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  • virtual55
    07-17 01:57 PM
    Not a single contribution by anyone....

    I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...


    That's why we need paid website, so info can be passed to only paid members who are really serious about these issues
    and people like AILA will not have our info.

    http://immigrationvoice.org/forum/showthread.php?t=5997&highlight=paid+website





    psgprasad
    02-22 10:32 AM
    I had the same problem last year.

    1. Attorney Aron Finkelstein in Sheila murthy office helped me out.
    This is what we did, We filed an MTR to consider my case in Eb3, with it we also attached a new application for Eb3 and specified in Mtr, to consider our new application if they fail to accept my MTR. My new application for Eb3 was approved.

    I cant help you on your EAd and stuff ,as I know your EAD becomes invalid immediately once your 485 is denied, which will be denied if your underlying 140 application is denied.


    I would suggest, you contact a attorney soon.

    My suggestions are my experience and stuff, I am not an attorney to give you legal advise.





    ras
    07-09 09:47 AM
    back in our o'l days we used to say time will come that people will line up for visa to work in India. I kind of see this first article towards that end coming to reality. B'lore is the second choice for people to work outside USA. wow that is great to know.

    Tech job moving abroad? Offshore yourself with it!


    http://news.yahoo.com/s/infoworld/20080623/tc_infoworld/102534




    Ephraim Schwartz Mon Jun 23, 6:00 AM ET

    San Francisco - If your job is moving overseas, maybe you should move with it. Many American IT workers have looked with increasing worry as programming and datacenter jobs shifted to India, China, Eastern Europe, and elsewhere, with companies seeking cheap labor and Internet connectivity making offshoring a plausible business option. Or perhaps your job is staying in the United States, but being handled by an H1-B-visa-holding immigrant or a foreign consultancy such as Tata Consulting Services and Wipro that tends to import its own workers. While some companies have found offshoring to incur more costs than savings when management and quality issues are factored in, it's clear that IT jobs have been globalized and will stay that way.
    ADVERTISEMENT

    Even if your job is not leaving the United States, you may want to move overseas to a tech hotbed to develop new skills or simply to gain the experience of living abroad.

    [ UseInfoWorld's interactive map to learn about 12 hot cities and 6 regions you should consider for tech jobs abroad. ]

    The most popular types of tech jobs outside the United States vary considerably, and emerging IT centers are themselves trying to diversify their own areas of expertise. But as a gross generalization, product support and business process development positions are more likely to be in India than in Indianapolis; embedded software development positions are more likely to be in China than Cincinnati

    Outsourcing yourself to another country is not a new idea. Dubai, in the middle of the Arabian desert, has more ex-pats from around the world, with the majority Yanks, than local residents.

    Taking an assignment in another part of the world -- especially in economically emerging countries -- will enhance your r??sum?? and your chances of getting a better job once you get back to the United States, say the experts. [Story continued below the map].

    "There is a tremendous demand. Every CEO worldwide is interested in China as a market," says Sam Lee, managing director of the consultancy Dextrys.

    And these executives want IT people who have experience working there in order to liaise with local executives.

    [ Have you worked overseas in high-tech? Tell us about your experiences, good or bad. ]

    The paths to working overseas
    How realistic is it to move overseas for work? The answer varies based on the country and, of course, your personal circumstances. Family considerations -- such as finding a job for your spouse and a school for your children -- can make an overseas move much harder for a family than for a single person. In terms of the basic process, however, there are three routes to getting a job overseas.

    The first is to get a work visa in the destination country, the equivalent of the H-1B program in the United States. This typically requires that the employer sponsor you and go through a process proving you are not taking a position a local could fill.

    The second is to get a work-rotation visa in the destination country, the equivalent of the L-1 program in the States. This type of visa lets companies rotate employees among their offices in various countries. It's often used for executives to help them gain experience across different corporate units but can be used for other positions as well. Global consultancies, federal agencies, and multinationals are the typical venues for such positions.

    The third is to use dual nationality you may hold, such as from being the spouse or child of a foreign national, to seek work in that other country. After all, as a citizen of that nation, you have the same employment rights as any other citizen. (The fact that you are also a U.S. citizen doesn't matter, at least in countries that allow dual citizenship.)

    The fourth is to set up your own company in the United States and be a consultant overseas.

    Some locales, like Costa Rica, actually make it easier for foreigners to come in and start a company rather than come in as an employee who might be taking a job away from a local.

    The top regions and cities to explore for overseas tech jobs
    Based on dozens of interviews, InfoWorld has come up with the following regions and cities worth exploring if you want to offshore yourself:

    Regions:
    * Asia
    * Canada
    * China
    * Europe
    * India
    * Latin America

    Cities:
    * Amsterdam, the Netherlands
    * Bangalore, India
    * Dubai, United Arab Emirates
    * Dublin, Ireland
    * Hong Kong, China
    * Kiev, Ukraine
    * New Delhi, India
    * Paris, France
    * San Jos??, Costa Rica
    * S??o Paulo, Brazil
    * Shanghai, China
    * Tel Aviv, Israel



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