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  • vdlrao
    01-13 03:24 PM
    vdlrao, I know you are looking at this thread. Any comments?

    By the way, Where is logiclife these days?


    Yes I am looking at the thread. I am expecting a very good forward movement(At least to 2007 Dec) in EB2 India category in the coming months.
    If you see the Visa bulletin Archive for the last three years during April - Jul range theres a sharp jump in Priority dates(more than a year and more) for EB2 category. This happened during vertical fall out (This doesnt include last year because last year its horizontal fall out). So this year I am expecting the cut off dates will move at least two years ahead for EB2 India because of the horizontal fall out. For Eb3 I am not expecting any big change unless theres some immigration reform in the new OBAMA government.





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  • sethurama
    06-13 11:24 PM
    Even my 140 was filed with CP. My PD was current last month. I filed my 485 (AOS) last week. As per my attorney if CP is specified in your 140, you have 2 options. You can file CP or AOS. You can just file for AOS. No need to convert. But AOS is speicifed in your 140 and want to convert to CP. Thank you need to file some form.





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  • thomachan72
    05-29 07:20 AM
    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
    Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)





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  • amitjoey
    05-15 10:57 AM
    Please consider contributing now. IV needs the funds.



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  • Macaca
    06-17 09:59 AM
    In November 2006, Secretary Chertoff discussed a risk-based approach to homeland security threats, vulnerabilities, and consequences:

    [T]he core principle that animates what we do at DHS . . . is risk management. It is a recognition of the fact that management of risk is not elimination of risk. There is no elimination of risk in life, and anybody who promises every single person protection against every threat at every moment in every place in the country is making a false promise . . .. What we do have to do is identify and prioritize risks -- understanding the threat, the vulnerability and the consequence. And then we have to apply our resources in a cost-effective manner, using discipline and common sense in order to minimize the risk without imposing undue cost on our communities and our families.

    Despite Secretary Chertoff�s continuing emphasis on risk management, USCIS performs FBI name checks without the benefit of risk management modeling. In recent visits to USCIS field offices, a number of leaders have questioned the usefulness of the FBI name checks citing some of the same concerns discussed here. The process is not working and consideration should be given to re-engineering it to include a risk-based approach to immigration screening and national security. The U.S. Government Accountability Office recently noted in a report that �[w]hile the Secretary of DHS has expressed a commitment to risk management, DHS has not performed comprehensive risk assessments in . . . immigration and customs systems to guide resource allocation decisions.�

    Every effort should be undertaken to identify and remove persons who pose threats to the United States, which would include rescinding immigration benefits after USCIS has granted them. It would be irresponsible for law enforcement entities to stop their investigation of a potential crime merely because the person who is the subject of their investigation has obtained a green card or U.S. citizenship.

    Similarly, it would be illogical to think that delaying issuance of a green card or U.S. citizenship will prevent a criminal from committing a crime. Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form.





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  • akred
    04-15 05:57 PM
    ^



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  • pmb76
    03-18 01:31 PM
    Did you get to keep the stuff you stole ?





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  • bfadlia
    01-13 01:29 PM
    How on earth did EB3 ROW not move?!



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  • bugsbunny
    04-21 02:07 PM
    This issue about parents falls under the "family re-unification" issue to a certain extent.
    It affects everyone not just EB category. There is a huge support behind this issue from many different immigrant groups.





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  • immi2006
    05-24 10:34 AM
    Basically they want to prevent offshoring legally... meaning

    if microsoft wants job done.. hire locally.. or bring people on direct H1 so they net the taxes. or do the job overseas.

    If Infosys brings people - do not let them work in CIsco, microsoft or, HP... that way they put overseas company OUT OF Business

    USA needs fruit pickers not hi tec, this can be outsourced..



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  • pappu
    10-05 02:02 PM
    To add to this point. This is AFTER the implosion of CIR on the Senate floor. CIR was supposed to be the reason issues around legal highly skilled immigration were deferred.
    So, after deferral, implosion of CIR, we yet get a line clumping these two. It is almost like a nicotine addict trying to break the habit. Media can be so close minded.

    All I can say is what IV has done to try to separate these two issues, is nothing short of herculean. Now atleast we are seeing some semblance of a separation. I think the Rally in DC was a highly significant moment in this regard. I am also pleasantly surprised to see as much attention given to the immigrant visa issue (ie green cards) as was to the rest of it. Previously highly skilled immigration was thought to be tantamount to H1b visas. The issue of permanent green cards was a footnote.

    We have tried very hard to separate ourselves and not be a hostage of other issues. Now there is more awareness on the greencard issue being separate from H1B. There is also more awareness that Immigration problem is not just about Illegals. There are legal immigrants too in this country suffering.

    Pls post letters to the editor. Last week we are able to get CNN correct their incorrect reporting of the rally due to effort from everyone on the forum.





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  • When485
    09-13 03:30 PM
    When my 140 approved, I bought my home thinking I will build Equity and own a home instead of paying rent. Now I am doubting if I did the right thing considering the slow down in Realty and uncertainty on GC. My spirits got dampened with the October visa bulletin. EB3 is once again back to world famous 2001 . Are there any 80000+ EB3-I petitions with a priority dates around 2001? Otherwise no logical reason in why this always go back to 2001? My friend and I went over the archives to find that over a period of 57 months, EB3 India crossed 2003 only twice - June and July 2007. So frustrating?



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  • pasupuleti
    01-12 04:40 PM
    I want to contribute and ready to send check. Where should I mail the check?
    here is the link
    http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute





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  • indyanguy
    10-03 07:56 PM
    actually, lets make another category 3.c. people who have shifted jobs after ead using AC21 and now want to or already have started a company for side business (that may be in the labor/perm cert job description or outside)...

    So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?

    3 c. is very similar to 3 a. Although you have used AC21, you are still working on a job that is as per the Labor Certification (if not, then you have bigger problems as AC21 can only be used for same/similar jobs). 3 c. *might* add a level of complexity for your case, but I think you should be fine. The reason I say this is that AC21s have a higher chances of RFEs especially if your previous employer revoked the I-140.

    But again, we should cross the bridge when we get there and as long as we are doing something legal, we should be fine even though it might be a grey area. Being future entrepreneurs, we need to get accustomed to taking risks :)



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  • boldm28
    04-17 01:51 PM
    I agree with you.

    the India shining is a myth limted to middle class .. nothing is being done for the farmers or in generall for masses





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  • rimzhim
    05-24 03:46 PM
    How bad it can be for those with approved I-140?
    Earlier it was 140K times 7% = 9800 with everybody and now it is 90K times 10% = 9000 with most of them gone into new merit based system.
    I still don't get it?
    what do you mean? Who are these rest who will go into a new merit-based system? Even if you count only the number of people here who have approved I-140, that alone is enough to delay us for a very long time even with the current quota (140K). Otherwise we would not have had retrogression.



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  • belmontboy
    03-15 09:31 PM
    Gurus,
    Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
    1. Is it safe to travel to India and come back on AP?
    2. What are the possible chances that visa officer may not let me into the USA?
    3. Do I need to carry any letters from my criminal attorney explaining the situation?
    4. Any one in similar situation, please update me on this?
    5. Please list of documents I need to carry during my travel

    Please reply and post your valuable opinions/suggestions/advices.

    Appreciate all your inputs.

    Have a nice day!!!

    Thank you,
    Sahaayam.

    There are few things you need to findout first:
    1.) what section did u get conviction? does this section constitute a CMT in your state?
    2.) if its a CMT, then what was the maximum sentence for this crime in your state?

    Do research on "inadmissibility" w.r.t CMT's. There are waivers for first time offenders. See if you qualify for any.

    Since these vary state to state, I am not sure if any on this forum could help you. Also not to mention, only an expert could give you correct advise on this.

    I suggest the best person to get this addressed is criminal immigration attorneys. If you are from state of CA, you could research on Norton Tooby.

    Good luck and god bless





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  • bfadlia
    01-13 04:07 PM
    It appears that you are cracking a joke, but I cannot stop from replying to your post. Why are you asking God to save IV? For the things we cannot do or for the things we dcon't understand, why do we always have to bring in 'God' in the picture? Can't we even crack a joke without brining in God?

    I am just trying to prevent world war III on these forums. Thats why my request for not referring "God'. We will all be much more happier funnier and peaceful if we try not to bring in 'God' in the mix.

    Next thing you will see, someone will post - "God, when will the VB dates move for my category".


    .


    we know what you two will do after getting your GC/Citizenship..
    hopefulgc will join the republican party.. you will join the ACLU :D





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  • reddymjm
    01-21 02:43 PM
    Only way is Visa # recapture or USCIS Start interpreting the overflow rules as it was before 2007 or come up with some thing new to share between EB2/3.





    srisra
    01-21 02:22 PM
    i am getting frustrated to see the bulletin everymonth and it never moves.
    people applied in 2006 got their GCs. one of collegue ROW got when applied in 2007.

    dont know whom to blame. why cant they understand our problems.
    r they least bothered.

    my PD is oct 2003-EB3





    Immi_Chant
    08-03 06:47 PM
    Is there any way to know whether our case is already preadjudicated or not? Is it OK to call USCIS customer service number or taking an infopass appointment for just checking that?

    I just want to have some peace of mind as USCIS is not require (hopefully :)) any documents from our side, if they already preadjudicated us.

    Please share your experience....

    Thanks,
    Immi_Chant


    Hi Friends, any comments on this ?



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