Monday, July 4, 2011

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  • jonty_11
    12-15 12:30 PM
    Not sure, if we should comment ....its abt illegals ...we may contact the Author to publish something abt us Legals also.




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  • at0474
    03-26 11:39 AM
    2007 June visa bulletin moved EB3 India to June 2003. The very next month, they made everything current. Things went out of control after that. For some reason, in my dreamland, I am fantacizing the first move to repeat again. May not make everything current, but atleast, move EB3 to june 2003.




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  • jonty_11
    02-07 12:07 PM
    Hi Lasantha,

    Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.

    Thanks again !!
    it is on teh Canada immi website, on the GUIDE to fill forms...




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  • gcbikari
    04-25 01:50 PM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.



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  • nepaliboy
    05-21 07:45 PM
    Thanks
    but when you can see ?
    i see some are posting same day they saw lud but mine is already 24 hours , still nothing going on >




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  • nozerd
    05-03 05:22 PM
    Cornyn bill as I read it is better than the other bills for US Masters holders in non STEM area ex someone like myself with an MBA.

    As far as I read it basically it says to be quota exempt you should

    1) Have Masters or higher from US Univ.

    2) Have Masters in STEM and 3 yrs exp. (even if Masters is from outside US).

    So based on this logic even if someone has MA in English from US Univ they will be quota exempt, correct ???


    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.



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  • gc_chahiye
    07-08 12:45 PM
    I think what has happened here is that DOS was frustrated with the pace in which USCIS was processing applications. So in order to push them to work faster, they made all categories current. This strategy worked and USCIS approved 60,000 visa in 15 0r 20 or however many days.

    Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.

    My 2 cents.

    but why in 15 days? They had upto Sept 2007 to use up those numbers. So they worked overtime to make sure they dont have to accept new applications. Can they atleast admit to that?

    We got screwed by them, and they claim (see the smug look on Condi's face) it was all a matter of course, nothing extraordinary.




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  • NKR
    04-25 01:08 PM
    hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.

    I do not know how to give red dots since I do not give any. To give green you have to click on the icon above the post for which you are giving a green dot. I just gave you one.



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  • technoboy
    10-13 12:17 PM
    Hi there !
    Just let you know guys, My checks got Cashed today.




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  • dixie
    12-11 04:27 PM
    Totally agreed that quota increase is controversial and an alternative approach must be agreed upon - 1932, CIR and now SKIL has taught us that bitter lesson. I am not by any means questioning the wisdom of going after the low-hanging fruits like 485 filing etc. All I am saying is - we cannot assume everything else remains the same. Things like 485 filing etc are our niche goals - no corporate interest is served by that and in a brutally capitalistic country thats a huge disadvantage.The fact is ANY relief, whether it includes quota increase or not, still takes a lot of lobbying and money to introduce all on its own strength.Yours and mine promotion/career prospects are the least of the lawmakers' worries, however non-controversial it may be and however deserving we may be. The need of the hour is to increase our membership base and contributions - lets face it, 200k in funds is not going to get us too far on our own steam. If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.


    Most of the time we have to search for bills to attach our provisions anyways. The only problem is that right now all our provisions are either being labeled as "quota increase" or are being attached to "Quota Increase" bills. Try and remember S-1932, CIR and SKIL. AILA will always be after H1 Increase and so will Big Corps. Only this time instead of seperating ourselves as "EB only" we try to piggyback on either "Quota increase" bills OR we try and piggyback on just about ANY bill we can piggyback onto. Most of the times weird bills get combined (S1932 for example).

    If 2006 has taught us anything it should be "Do NOT try and increase quotas and numbers". For starters it takes TOO long to do and there is MUCH more opposition from even the average American. Remember the IV Core telling us how the Anti-immigrant calls far outnumbered our calls during the Recent SKIL bill? Guys even the biggest Corps have been unsuccessful in getting Visa number increases. Do we honestly believe that with 6,000 members who are NOT a voting base (and may never be) + the lack of funds, we are going to do what these big guns have not been able to accomplish? Am I saying we should give up? HELL NO!! All I am saying is, it is time to review our strategy. Over and above all this, if we think that our current course will bring us victory then let the majority prevail.



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  • senthil1
    05-08 05:48 PM
    It is true that country quota is a discrimination. But when you just try to remove the country quota other country persons are going to oppose as they will be impacted if country quota is removed. But if you try with other agenda like recapture then opposition may not be strong and also every one will get benefit.

    QUOTE=hindu_king;339926]Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


    Subject: Discrimination of Indian Immigrants

    Dear President Obama,

    I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

    One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx[/QUOTE]




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  • saisujatha123
    05-12 11:40 AM
    How about getting together on the 20th of this month,
    Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.


    Act fast, I know 20th is close, think about is as an emergency

    Now is the time to really take this to the next level and push for real changes to employment-based processing. Or you can simply accept the reality that you have to wait ten years longer than everyone else to get a green card
    http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html



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  • Goodintentions
    02-04 08:36 PM
    Dear All,

    Even if we have issues, let us all sink our differences, present a united front and contribute! I am sending my contribution by cheque and I have also written a personal mail to all my friends!

    Kindly contribute whatever you can, by cheque!

    I request all of you to recall the famous lines :

    Little drops of water. Little grains of sand,
    Make the mighty ocean, And the beauteous land !!!

    Hope all of you will turn up in large numbers and also contibute your mite (big or small) and make every effort to make this even a success! Moments like this come not too often! Every opportunity is worth the try!

    Thank you! May GOD Bless the efforts of IV!

    Wishing the Advocacy event a grand success!




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  • desiguy22042
    09-22 10:38 PM
    I am happy to announce that I have received the EAD cards today (just like rc0878 had suggested). I should not have doubted the encouragement and estimation of the experience here.
    So, I received the EAD cards dated Sept 18th, expiry is one year from the issue date i.e. Sept 17th, 2008 (unlike someone else's cards which were valid for only 3 months).
    Let me know if someone wants to ask any other information.
    thanks again. :D


    Hi,
    I received my (and my family's) transfer notice (and hence the WAC### nos.) for 485 application yesterday at my residence. The cases were filed in CA by my lawyer (filing from MD). The cases have been transferred to TX.

    I am yet to receive any notice/tracking no. for EAD and AP applications. The checks were made by the lawyer so that is not an option.

    Questions::confused:
    1) Does transfer mean delay in processing ?
    2) Is EAD tracking no. different from the 485 no. ? If so, where can I get that from ?
    3) Are they still issuing EADs in about a couple of months ? If so, that is great. If not, when does the 90-day clock start for INFOPASS ? (if it is an option in this incresed activity)

    Any answers or discussions or links to the solutions are welcome.

    Good luck to everyone for the speedy processing.:D



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  • Dhundhun
    03-29 12:29 AM
    Since you never got an H1-B stamped in your passport, you are not eligible for AVR (since there is no H1B visa to revalidate). You could do AVR for F-1 since you have that stamp but that is also NOT VIABLE any more because you are now not eligible/admissible for F-1.


    I think, F-1 Visa to H1B AVR is allowed, when F-1 is adjusted to H1B in USA.




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  • chem2
    08-14 01:34 PM
    EAD paper filed at TSC.

    Mailed: 7/2/08
    Receipt Date: 7/3/08
    Card Production Ordered Email: 8/13/08



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  • zoooom
    07-19 08:50 PM
    $100 from me.

    Rahul :)
    Thanks!!




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  • Karthikthiru
    09-14 12:08 AM
    I am in for it




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  • srkamath
    08-10 01:10 PM
    My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
    Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?

    mita ! Relax.....:)
    Even a credit card bill takes about a week to reach you ! You will definitely get his card next week, i'm sure you and child will also get approvals soon. At least there is movement on your family's case.

    Thanks for promptly reporting your approvals and for the updates.




    srikondoji
    07-08 11:24 AM
    Well said.
    Such intricate details won't come out in interviews or even personally talking to them. Only lawyers can do it as part of a fight with lawsuits.

    1)Why they have to make everybody current?
    2)Why they were working weekends (actually heard that govt employees working during weekends is illegal) to clear 60,000 visa numbers?
    3) Why did they pick july 2nd to revise the bulletin and did not pre-warn potential applicants?
    4)Why no one from DOS or USCIS is talking about exceptions and or remedies for those july applicants who wasted thousands in 2 weeks?
    5) What was that urge, which compelled DOS to make everybody current?
    6) What will happen to those applicantions reached early morning on july 2nd before revised bulletin became public or those who mailed on june 29/30 for July 2nd delivery?
    7) Why did USCIS clear so many applicants by-passing security checks and clearances?
    8) Why was there a mad rush in the last 2 weeks of june when in reality visa numbers would go waste on sept end?
    9) Why USCIS always talks about under staffed when they are in a possition to clear 60,000 applicantions in a matter of days?

    Any more?
    --sri



    H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.

    That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.




    gc28262
    06-28 10:48 AM
    desi,

    I am not trying to make an argument here. I am saying what I am seeing in law.

    Security Clearance.
    I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.

    <quote>
    Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.

    </quote>

    On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?

    Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.



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