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tikka

07-03 06:12 PM

Hi all,

Regarding the recent goofup by USCIS, please rate this story

http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.

Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.

thanks.

come on folks... please log on...

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longq

02-19 05:32 PM

What you are talking here is the Eb1-EA category.. and not the general EB1 category..

The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.

It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..

That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..

EB1-Multinational executives also mostly abused catagory. Due to this, the demand for EB1 is very much higer than EB2. See the statisctics 2005, DOS issed 66000 EB1 in 2005 compare to 44000 EB2. If any one things multinational executives are MBA or highly skilled, it is completly wrong. EB1-Mexico is much much higher than EB2-Mexico. Top IT companies in India will not sponser any GC except one or two guys. Like L1 be a short cut for H1, EB1 is shortcut for EB3 & EB2 and to avoid LC. There may be restarunt managers got GC thro EB1. I know one guy got GC thro EB1-Multinational manager thro a small consulting firm having less employees in both India and USA.

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watzgc

07-29 06:45 PM

Dear Samay,

Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)

Thank you so very much.

Regards,
Watzgc


You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.


Quote:
Originally Posted by watzgc View Post
Dear Sir,

This is my situation

1. Applied for H1B Extension on Jul-10-2007
2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
RFE: 1. client contract 2. last 2 yrs my tax return
3. After Reply to RFE no news from USCIS
4. Applied for Premium processing on Jul-14-2008
5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal

My Questions:
1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.



2. How can I expedite the H1B Process ? (already upgraded to PP)
3. If I get approval , do I need to go back to home country to get stamping?

Thanks for your time and help.

Regards,
watgc
You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.
__________________
=============================================
Immigration Attorney
Licensed to practice US Immigration Law and practice concentrated on US Immigration Law & Nationality Law

Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.

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ArkBird

04-02 03:30 AM

愛你的幽默感 :)

ok. I will open a thread titled "who after hu" and put a poll in it too.

In case you are wondering who is hu... (pun intended)

http://en.wikipedia.org/wiki/hu_jintao

胡锦涛

happy now?

Come on dude, don't be a 爛屄

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gc_chahiye

06-28 04:54 PM

Not sure if this has already been posted, if so, pls accept my apologies.

http://www.murthy.com/rumor.html

Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007

Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.

this is different. We know there is no lottery and that USCIS wont stop accepting applications if they receive too many of them. The problem is if they APPROVE enough of what they already have in the backlogs that teh visa numbers are gone.

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nozerd

09-30 01:22 PM

Well we are Indian citizens so we would have to carry passport anyway. What you mention is only a concern for Canadian nationals and that too they dont need visa. They only need passport for ID instead of DL.

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Aah_GC

07-10 12:59 PM

ByeUsa,

Goodbye and hope you have a good time in Canada. I am very sure you will do well there - Canada respects its immigrants and you and your family will be welcomed there.

Keep us posted on how you are getting around there..

Peace.

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Deepika

05-29 01:36 PM

I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.

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gc28262

06-16 03:15 PM

I guess we should ban people like dilipcr and senthil1 who are here to achieve their selfish ends.

Though we have the capacity to tolerate such self seeking anti-immigrants, it diverts the energy and focus of IV members from the reason for which IV was founded.

dilipcr and senthil1,

We don't appreciate your presence here as your agendas don't fit ours. Please stay away from IV.

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lack and white, eiffel tower,

dealsnet

09-04 07:55 PM

CHANDUV23 THE TERRORIST:

It is easy to locate him in New York and give his details to FBI to check his links to underworld, VHP terrorists, and all other things. Your wife is doing residency. Right??

Hang on, you will be caught before you got GC and will be deported.

Wow Mr. Chandu.....Procliaming that he is has access to Admin rights and saying that he is not compromising on the security aspect as this is not YSR forum.....

This AH has revealed someones full name publicly where no one knows how to do that...except Admins....

Thats it Guys.......I'm out of this....

If I'm CHANDUV23, I would have retaliated from my posts so far...Looks like "_TrueFacts" is more offended than "CHANDUV23" offcourse we know both are same.....

Hats off Man....

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deepakjain

01-22 11:18 AM

The solution for this is to talk to USCIS thro IV or AILA or both. If that will not work then lawsuit will be the option if USCIS violated any law. If that also fails then legistrative option to realx the rules. If first option does not work then others are long shot. If nothing works then do not join bodyshoppers.

At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].

Note: Please have off hrs contact/Cell number of your HR manager and your manager

Regards,
Deepak

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Legal

07-24 07:33 PM

http://www.immigration-information.com/forums/showthread.php?t=5456&page=8


#78 07-07 12:43 PM
guchi472000 guchi472000 is offline
Junior Member Join Date: Mar 2008
Posts: 13


Re: Visa Bulletin answers and other isssues

--------------------------------------------------------------------------------

Hi Ron.

Any predictions for Aug-08 visa bulletine.

Thanks.

guchi472000
View Public Profile
Find all posts by guchi472000

#79 07-07 01:30 PM


Re: Visa Bulletin answers and other isssues

--------------------------------------------------------------------------------

I suspect there won't be much change from the July bulletin.
__________________

Ron Gotcher Ron Gotcher is offline
Attorney at Law Join Date: Sep 2005
Location: Los Angeles, CA, USA
Posts: 6,767
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mirage

03-27 03:17 PM

If you forget all that Communal/Secular mudslinging for a little bit, here's an unbiased opinion about the performance of the UPA govt.

http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1

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senthil1

06-12 01:09 AM

You will be considered as anti immigrant if you support any of restriction to H1b or Grassley Bill even if the they are good. Even recapture is passed that will not resolve the problem unless the numbers are huge.Recapture bill will give only limited releif for limited time. If we want all of the problems of High skilled immigration system needs almost unlimited GC numbers and also huge expansion of H1b. That will be nearly impossible for atleast next 5 years or more.
If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.


People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.

1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.

My Proposal

1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.

If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.

I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.

By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers

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krish2005

01-14 01:56 PM

If these tougher H1B rules are being targeted towards sending H1B out of the country, then these are the ways I could think that they will impact

-- Increase employment chances for those unemployed if many h1B folks are sent back being rejected - Marginal positive impact as its still upto the employer to pick an appropriate resource against existing H1B candidate
-- Decrease inflow of money from h1B apps and subsequent renewals/GC process related fees -- Cons
-- Lesser work for lawyers and tax consultants -- Cons
-- Lesser or meagre tax income from those trickle of H1B who will remain still
-- Heavy economic impact on sales front to name a few - housing rentals downfalls/car rentals companies going bankrupt or closures and those corresponding resources going out of work and become unemployed.
-- Majorly technical expertise impact - braindrain which was happening due to economy downfall and GC process delays. It will only get more worse for US aiming to be top in technological front in terms of IT.

As somebody pointed out if AILA is working to get this memo being stopped then we will get some relief, else we are doomed.

Maybe I am wrong on certain points, but there are heavier repercussions at the economic front if this is being actioned.

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Black and White Eiffel Tower

sachug22

09-15 04:45 PM

Hello Sachug 22,

Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).

Thanks,
WeldonSprings.

2004 2000
2005 10000
2006 13000
2007(july) 5000

http://immigrationvoice.org/forum/903759-post52.html

There where 7290 India PERM application approved for applications filed in 2005 (of this 60% where EB2 - assumption). And assuming 3000 RIR EB2 India LCA applications (pre march 2005) there are 7400 EB2 India LCA with PD of 2005. Rest of the calculation is in my post.

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senthil1

06-11 10:50 PM

There were many compelling reasons for recapture bill on 1999-2000. Top 3 reasons were
1. Demand was very high and in some areas only less than 2 persons were available for 4 positions.
2. Outsourcing was very low. There is no other way than importing foreigners. Now even if demand increases many positions are going for outsourcing.
3.There were no AC21. So many people started leaving country after completion of 6 years H1b causing huge problems to companies and country.Companies could get recapture and AC21. Now atleast 80% of the H1b persons are willing to stay even 15 years without green card using ac21.

Now only green card aspirants are suffering due to deley in green card not the companies or country. But country and companies are using the H1b persons by just showing green card carrot but actually not giving it.


Dilip Dude,
As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...

Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.

I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.

My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)

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Eiffel Tower black and white

venetian

05-12 02:15 PM

Tamils in the US too doesn't ask a part of US armed with weapons.

SL Tamils in Sri Lanka is fighting for their homeland which was unjust fully integrated by the Europeans/British with the Sinhalese majority south, paving way the Sinhalese to discriminate the Tamils in their homeland. SL Tamils are fighting for their homeland and not someone else land.

Just like the jews, tamils practice their culture and language in sri lanka without been discriminated. You don't see Jews armed with weapons asking for part of USA for themselves.

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ghouse1742

07-16 11:36 AM

Dear Lawyer,
I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,

For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US.
For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.

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vroapp

07-10 11:27 AM

:-)

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bestia

02-13 11:44 PM

What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.
....

That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".

Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"

If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?

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