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  • kushaljn
    09-17 01:47 PM
    Here we go..Proceedings started. Wait.





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  • Life2Live
    07-16 11:39 AM
    signed...





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  • somegchuh
    07-19 06:13 PM
    Hello All,

    I just wanted to start a new thread to discuss career options for those who have been on H1b for 6+ years.
    1. Being on H1 more than 6 years and waiting for GC means you have been stuck in the same job for several years.
    2. You can't start a masters because you are not sure if you will ever be able to complete it
    3. You have kids who are already growing up.
    4. Your wife has been waiting to start working for years now.

    So feel free to discuss anything related to these issues here. Let's exchange ideas and everyone can make informed decisions for long term :)





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  • kubmilegaGC
    09-15 11:26 AM
    Labor Immigration Law � Texas Service Introduces Streamline Procedure for I-485s and I-140s (http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/)

    email can be send by attorneys who are AILA members only.

    Thanks for the article Pankaj...
    @sdr - any trouble when you sent it on your own? I guess is there a way to check if the incoming address is a "personal" email? these days - I am just getting skeptical about everything - what is happening to me ??? :)



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  • shishya
    06-14 06:56 PM
    This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.

    Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.

    Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
    God, ajmalnasar, you scare me again buddy! :(
    Let me ask some questions:
    (i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
    (ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure? :(
    (iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?

    Appreciate your responses!
    Thanks!





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  • dixie
    02-13 08:40 PM
    LOL .. Shows how much you are in touch with reality yourself. A website visited by misers and doubting thomases does not a good business proposition make.

    I believe IV can charge up to $10,000 a day for advertising on the website. That would be $300,000/month or $3.6 million a year. Even $3000/day would result in over $1 million. That should not be very difficult to do.



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  • obviously
    08-19 03:32 PM
    Seriously, folks. What's with this thread? Total waste of time.

    Someone announces his 'greatest achievement' ... others challenge him to show true patriotism... yet others ask him to continue supporting India etc., AND this chap actually responds :)!

    Wow! Seriously we all have too much time on our hands to be self promoting / congratulating / reminiscing etc...

    Glad that this person will call US Senators etc., lets thank him for that and keep moving... instead of grilling him on things that matter to you! He owes you all no explanations or apologies.

    Peace!





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  • mheggade
    07-18 02:40 PM
    Hi Folks,

    I know that with a deluge of applications, the question I am asking might not be relevent in the current scenario (July filers), but what is the historical EAD processing time? I know they say that USCIS will issue one within 90 days, but does it always take 90 days or is lot lesser?

    I remember when I got EAD during OPT, it took like 30-40 days on average. Does the same hold for the EAD for EB too?

    Appreciate your response. thanks!

    When I applied for my wife who was on L2, it took 14 days.



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  • gk_2000
    04-18 10:03 PM
    Here are my case details as well.

    Came to US in Aug 1999 on F-1 after B.Tech. Graduated with MS (Telecom) in Dec 2000. Joined a major telecom firm immediately after graduation. My first EB-3 labor was filed in Dec 2001 (Non-RIR) but employer withdrew it because of lay-offs. Employer filed again in Nov'03 (Non-RIR again) and it was approved in March 2007 (after RIR conversion in Jan 2007) by Dallas BEC, followed by I-140 approval (March 2007) and I-485 filing in July 2007. Though my job required a MS degree, my employer could not file in EB-2 as there were people in my team with just Bachelors degree when they joined the company 10-15 yrs ago and lawyer did not advise employer to file in EB-2 as EB-3 was current those days......After surviving 12 rounds of lay-offs, no job security whatsoever throughout and fed up with EB3 process, I changed jobs after 8.5 yrs (July 2009) and my new job required a minimum of MS + 6 yrs of experience and fortunately my new employer (another large company) had no issues re-starting the process again. I work in Mobile Communications R&D (developing networks which support smart phones (2G/3G and now 4G-LTE technology) have been in this field since Jan 2001) and here are my EB-2 case details:

    Joined new employer in July 2009
    PERM Prep work took 6 months
    EB2 PERM filed: March 30th, 2010 (MS + 6 yrs or BS + 8 yrs as min requirements)
    EB2 PERM approved: Aug 11th, 2010
    EB2 I-140 filed: Aug 27th, 2010 (Premium Processing, EB3 I-140 approval copy enclosed with request to Port EB3 PD)
    EB2 I-140 and I-485 approved concurrently on Sep 3rd, 2010
    Cards received Sep 7th, 2010

    Hope this helps.

    Truly borderline EB1. Congrats!





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  • chanduv23
    03-13 10:00 PM
    I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?

    APPRECIATE INPUTS. Any USCIS link will also help.

    Regards

    Though it is not related to this thread, it is a decision that only u can make. A friend of mine whose priority date is nowhere close and is still on h1b used his AP to reenter the US and when I asked him why he did not want visa stamping - he said "who will go through all the hasstles of appointments, stanidng in queue, wasting precious vacation time when you have a AP to reenter" . Now thats him - but u can make ur own decision based on ur corcumstance.



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  • arrarrgee
    07-19 09:00 AM
    I hope you are not kidding...i feel so guilty now...i posted this to the CORE on another thread..

    "guys..Could you pls let us know why we have 100 as the minimum amount for contribution...i also noticed that the recurring contribution is 50 instead of the usual 20. Guys dont get me wrong. I wanted to call up my friends and ask them to contribute for IV...but i guess we should let them decide the minimum amount...or atleast have 50 and 20 as the minimum and recurring contrubutions respectively...I myself wanted to sigh up for the recurring contribution...but 50 every month hits me on my face..
    Even economics says so..haven't you heard of the Laffer Curve?"

    No. It's not a typo. I had met Aman in a conference in December. He was talking about selling his house to contribute to IV (I really hope he didn't have to). But he has contributed a small fortune to this effort.





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  • GCard_Dream
    01-31 11:29 AM
    I haven't read anywhere about what would happen to existing approved labors but since they can no longer be substituted, my understanding is that they can only be used for the original beneficiary. If that person has left the company then that labor is just trash.

    This should help because lot of people who have moved to other companies after the labor was approved, those labors will just be useless and taken out of circulation.

    If this law does not apply to existing labors, we will still be in the same situation. BTW, what is a desi company. How come it can sell labors? Is selling labor legal?



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  • inskrish
    09-26 02:02 AM
    Thanks Lasantha for all your help. Even after getting your green card you continue to participate and help others in this struggle. That is Great. For the sake of disclosure here are some of the messages you left for other members. I think that these messages are extremely abusive and very harsh as compared to the message left for you. Although we do not encourage the use of words like moron, stupid, idiot, we see these words being used often on the forum.

    Lasantha 02:39, 23rd Sep 2007 -23 Ass hole !!!
    Lasantha 10:59, 14th Nov 2007 -27 Eat Crap you bastard!
    Lasantha 00:54, 19th Nov 2007 -27 DUMBASS YOURSELF!!!
    Lasantha 17:03, 5th Dec 2007 -28 WTF
    Lasantha 18:05, 14th Jan 2008 -39 WTF is wrong with you?
    Lasantha 16:06, 11th Mar 2008 -45 Wacko???
    Lasantha 21:29, 18th Mar 2008 -52 what the fuck???

    You be the judge the let us know if you want to know the user who left you that remark. We will go ahead and post that on this thread. And for the sake of fairness, we will also post the members for whom you left the above messages. You be the judge and decide.

    Thanks for your understanding.

    Lasantha, what do you say? It is very clear that people are really frustrated while waiting for their GCs, as Lasantha did.





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  • americandesi
    07-27 01:32 PM
    My PERM got approved on 07/23/2007 and my attorney is planning to file I-140 and I-485 concurrently by Aug 15, 2007.

    I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.

    Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.

    We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.

    I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following

    (1) Net income - The initial evidence reflects that the petitioner’s net income is equal to or greater than the proffered wage
    - (Supporting Evidence : Tax Returns).

    (2) Net current assets - The initial evidence reflects that the petitioner’s net current assets are equal to or greater than the proffered wage.
    - (Supporting Evidence : Audited Financial statement)

    (3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
    - (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)

    Ours is a small company and doesn't have net income or net assets matching the proffered wage.



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  • bigboy007
    04-27 12:14 AM
    Not sure about the increase in fees here is what i have seen comparing it to INA and subsections...


    1. Higher wage requirements defs being added to definitions seciton in INA [Immigration and Nationality Act], Requirement of Internet posting, wage determination.

    2. 90 Days being replaced as 180 days for non displacement option

    3. No consulting for H1B employees based on the Recruitment (F) section.

    4. SEC 102. I states if no. of employees > 50 , sum of [H1B, L(1,2)(L1A, L1 , L2 Perdef 101(a)(15)(L)))] should not exceed 50% of No. of employees. No more H1B's

    5. Sec 111. mispresentation period increased to 24 months from 12 months, USCIS will conduct audits for all employers if no. of employees > 100 and no. of H1 employees > 15% , Publish publicly those reports

    6. Failure to meet a condition increase from 1000 to 2000 , failure for misrepresentation increased from 5000 to 10000. Employer will be liable for employees lost wages and benefits.

    7. illegal : H1B non immigrant to pay a penalty for ceasing an employment with employer before the agreed date, failure to provide common benefits health , life , disability , insurance , retirement , savings, cash/noncash bonus etc...

    8. with in 90 days of enacting S887 , secretary of labor will provide website to post these positions on labor department website.

    9. stream line of job classifications and roles with 1 year of enacting of S887...

    10. DOL can hire 200+ employees to fill these requirements ;)

    + l1's I have not gone through....



    Newer version is - as should've been expected - more protectionist than before.

    1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.

    2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?

    3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!

    4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.


    If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.

    Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.

    This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.

    The day this law passes will be a great day for Outsourcing, and a sad day for America.





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  • Green.Tech
    06-09 11:43 AM
    Do not give up guys. Keep calling these numbers if you want the bills to hit the House floor.



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  • browncow
    05-25 01:27 PM
    here is the link http://www.govtrack.us/congress/bill.xpd?bill=h110-6938
    looks like this bill will not go no where ...there is only 3 cosponsors..:mad::mad:

    all of them democrats, in a house of democrats.
    and you dont need 15 sponsors for a bill. and having 3 sponsors does not weaken the merit of a bill. in fact most bills would only have less than 10 cosponsors.

    And it was in the democrats' rule that the last EB favored legislation was passed.





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  • Tito_ortiz
    01-08 02:04 AM
    I already saw a complaint on change.gov that 'people representing special interest groups from foreign nations may be flooding the change.gov system with messages and votes which may not be in interest of Americans, for whom the Obama administration is supposed to work for."

    That said, let's continue to send messages and make our voice heard anyway! Good work folks!

    I put mine in, let's go for more than 100 and don't forget to "bump" this message so it stays at the top!

    <<<BUMP>>>





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  • ryan
    05-26 11:26 PM
    There is nothing in it for us. In-fact, if this bill passes, they are goin got apply the unused visa numbers towards FB, and we will lose any chance of re-capture, for-ever.
    I think, we have a lost cause. The sooner we accept this, the better. We simply do not have the funds, commitment and political support that the illegals enjoy. We all know where the maximum nubver of FB immigrants are from, and they represent a big block of votes, since most of them happen to have the herd mentality, due to lack of education.

    We, on the other hand, are educated, well read, tax paying people, who actually think about issues and merits of a person, hence no use to politicians.

    Please, could you try and be a bit more positive. 400K illegal to legal or otherwise is a 400K vote if granted residency. Meaning you - a legal, educated and GDP contributor shall have more a chance to those less educated with menial jobs and no real standing on ways of life in this country or a positive contribution to true development. Being positive is half the battle won.





    satishku_2000
    05-24 01:17 PM
    I am not surprised if Z1 visa people are also eligible for these scholarships they create out of H1 money.

    We India call this socialist ideas. Any way Bernie Sanders is a self declared socialist.





    bobgc
    01-01 08:15 AM
    Attended Interview on Dec 12,
    Visa Stamped on Dec 17
    Got the passport on Dec 20th.



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