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  • cpolisetti
    03-31 03:56 PM
    She was also available for Q&A earlier today on Washington Post. I am quoting one question and answer in particular. Probably she can help in more visibilty of our voice?

    Here is the link for todays Q&A:


    Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.

    I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?

    Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.

    Todays article:

    Most See Visa Program as Severely Flawed

    By S. Mitra Kalita
    Washington Post Staff Writer
    Friday, March 31, 2006; D01

    Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.

    They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.

    Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.

    But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.

    Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.

    Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.

    At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.

    Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.

    Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."

    In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.

    "If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.

    The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.

    Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.

    "Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."

    Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.

    It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.

    Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."

    Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.

    Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.

    Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.

    His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."


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  • bzuccaro
    11-08 05:23 PM

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

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    11-09 03:37 PM

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  • perm
    12-27 04:43 PM
    You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.

    Do you have to use / file AC-21 if your I-140 is approved (long back in 2005) and you have passed 180 days of i485 received date?


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  • starseed
    07-20 06:10 PM
    LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.

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  • whattodo21
    05-03 10:24 AM

    But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

    Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

    Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward

    catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.


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  • jagan13
    02-22 04:35 PM
    Although I need my passport desperately, I dont want to spend a fortune on a last min. flight or drive for 16 hours, just to hear that I did not wait for 8 weeks as I am supposed or that I can only receive it through mail. Unless I am 100% confident that I will get it, I do not want to go there, atleast not till the end of February. Especially, I dont want to go there in depseration and pay $150 for the tatkaal.The employees neither justlify their salaries nor the positions they hold which were primarily meant for helping Indians in US.

    I am glad the Chicago CGI was helpful in your case.

    I personally believe, that just being an Embassy somewhat explains the delays in DC office but clearly, it does not justify the attitiude of the employees there.

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  • WeShallOvercome
    12-26 12:49 PM
    I suppose you are living in USA.

    On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

    On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

    To answer your question, you are a non-permanent resident alien.


    I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.

    In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
    The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.

    Resident alien - An alien living here on a permanent basis
    NonResident Alien - An alien living here on a temporary basis

    I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..


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  • go_gc_way
    02-09 12:46 PM
    franklin...good thread.

    Just would like to request you and others who are responding to this thread...to take a look at the following thread.


    This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.

    This is going to increase IV membership too.

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  • kaisersose
    07-27 02:54 PM
    What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.

    The job order will contain the job description. This will be in the Labor Application. Usually when a 140 is being applied, the employer will provide you the job order and tell you to ensure your experience letters are in line with the Job order.

    You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.

    The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.


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  • techbuyer77
    06-20 11:20 AM
    File i-485 with evl from old employer as future employee. after 180 days invoke ac21 and switch to current (given both jobs are similar in duties and such)

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  • irrational
    04-01 04:13 PM
    May I ask which Service Center is your app in.

    Mine is in TSC.



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  • texcan
    07-31 04:55 PM
    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.

    AVR is valid for reentry only if you donot apply for visa in canada or mexico
    and if you come back to US within 30 days.
    Donot give you I-94 when you leave US.

    If your visa is rejected in canada, you cant re-enter US.

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  • guru76
    10-05 06:34 PM
    I was once asked by an immigration officer in India why I was coming to India. I have an Indian passport. This was in Hyderabad.

    So its not just US/Canada.


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  • srikondoji
    07-02 01:55 PM
    In the month of June, USCIS employees had too much of Red Bull during normal business hours, otherwise they wouldnot have become so efficient/robotic all of a sudden.

    How on earth could they take 7-8 months for 80,000 approvals and then finish the 60,000 approvals in just less than a month?

    Did DOS played a hardball with USCIS?
    By making all current in the month of JULY, DOS might have blackmailed USCIS to act fast on pending applications. If not, DOS will overburden them by infinite I-485 applications from july onwards. Finally when USCIS did its job, DOS revised the bulletin and took back what they said a fornight ago.

    Clearly, DOS and USCIS have lot to explain and come clean on the whole mess up. With no new information between june 14th and July 2nd, how could they turn 180 degrees?
    Anyone with math 101 class could have imagined that making everybody current from july onwards was stupid. All they had to had to do was move the PD for just a month or two. But again, they did what they have done and we have to bear the consequences.

    Allegations against DOS and USCIS heads
    1) They have colluded with doctors and lawyers to make a quick buck.
    2) They are 100% inefficient and need to shutdown their shops.
    3) They have generated un-ethical profits for staples, gas stations, doctors, lawyers and airline companies and postal services.

    There needs to be accountability on their part and own the mess and pay us back every penny.

    I simply need my money back or they should come out and say that i can use my same application whenever the PDs become current. In the event that i loose my visa status and i have to leave this country due to any reason, they need to reimburse me all my money.

    In just 2 weeks these guys have shattered my dreams.
    I had so many plans and they are broken all of a sudden.

    No wonder mexicans are smart by not following rules and then protest on streets.

    Its time for civil disobedience.

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  • antihero
    05-21 08:44 PM
    Let's not laugh it off so completely. When was the LUD on your I-485? It will give us some more clue about what exactly is going on behind the iron curtains.

    Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
    The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:

    PS - Sorry for the Title. But I am just quoting him.


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  • sanju
    06-30 02:36 PM
    Thanks babloo!!

    I BELIEVE that we will all be fine. Just hang-in there, and do the best that we all can and must.

    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....

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  • lostinbeta
    10-21 02:31 AM
    Damm skippy :beam:

    ::: ok, I suggest we stop spamming now :) :::

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  • ivar
    02-17 09:15 PM
    Do I need recent salary slips for transfer ?

    Yes you need paystubs. What your employer says when you ask the same question you are asking here on the forum. That your H1 expires 2009, your project gets over in Mar 09, how he will u give paystubs? what does he say?

    10-17 09:45 PM
    Do you mean the first two digits of these two job codes:
    13-2011.02 and 13-2011.01

    So as per this law form, since they both start with a 13 we are good?


    02-01 08:58 AM
    i know one person who had applied for H1 from 2 different employes and both his H1 got approved.. he was coming to US on H1 first time.. he went for visa stamping for one employer and got successfully.. he is in US right now and came before few weeks.. (note that he did have prior H1 and visa stamp but he never came to US on that H1.. he did come to US once but on B1 visa..)

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