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  • looivy
    07-20 03:46 PM
    Hillary just cares about vote bank. The Bay area group that invited her should not endorse her.

    Shame on Dems.


    The short answer is most republicans voted yes for the senator Cornyn's bill to recapture the unused employment -based visas from previous years and almost all Democrats voted No (except Murray democrat from Washington voted yes for the bill. I guess Microsoft does have influencial power on the senator from Washington state)

    see the info here about bill: http://www.immigration-law.com/Canada.html

    Yesterday, Senator Cornyn introduced on the Senate floor Amendment 2339 to H.R. 2669, FY 2008 Budget, proposing the following temporaary relieffor the employment-based immigrants. Sadly, the bill was rejected by 55 Nays, 40 Yeas, and one No Vote. Do your want to know who voted against this bill? Click here.
    SEC. __. EMPLOYMENT-BASED VISAS.

    (a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

    (1) in paragraph (1)--


    (A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';
    (B) by striking ``or 2004'' and inserting ``2004, or 2006''; and
    (C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

    ``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));
    ``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and
    ``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

    (2) in paragraph (2)--

    (A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and
    (B) in subparagraph (B), by amending clause (ii) to read as follows:

    ``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
    ``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
    ``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

    (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

    (1) in clause (vi), by striking ``and'' at the end;
    (2) by redesignating clause (vii) as clause (ix); and
    (3) by inserting after clause (vi) the following:

    ``(vii) 65,000 in each of fiscal years 2004 through 2007
    ``(viii) 115,000 in fiscal year 2008; and''.

    This reporter asks the readers to join him to extend our "THANK YOU" to the Senator Cornyn for continuously supporting the American businesses, foreign brains, and employment-based immigration. This reporter also urges the readers to send a thank-you email for his support.
    We are proud of the Senators from Minnesota, Norm Coleman (R) and Amy Klochubar, by setting aside the partisan politics and casting bi-parisan support for this bill. THANK YOU, and THANK!!

    here is the list of the senators of their votes:

    U.S. Senate Roll Call Votes 110th Congress - 1st Session

    as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate


    Vote Summary

    Question: On the Motion (Motion to Waive Cornyn Amdt No. 2339 )
    Vote Number: 266 Vote Date: July 19, 2007, 11:00 PM
    Required For Majority: 3/5 Vote Result: Motion Rejected
    Amendment Number: S.Amdt. 2339 to S.Amdt. 2327 to H.R. 2669 (College Cost Reduction Act of 2007 )
    Statement of Purpose: To provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses.
    Vote Counts: YEAs 55
    NAYs 40
    Not Voting 5
    Vote Summary By Senator Name By Vote Position By Home State


    Alphabetical by Senator Name Akaka (D-HI), Nay
    Alexander (R-TN), Yea
    Allard (R-CO), Yea
    Barrasso (R-WY), Yea
    Baucus (D-MT), Yea
    Bayh (D-IN), Yea
    Bennett (R-UT), Yea
    Biden (D-DE), Nay
    Bingaman (D-NM), Nay
    Bond (R-MO), Yea
    Boxer (D-CA), Nay
    Brown (D-OH), Nay
    Brownback (R-KS), Not Voting
    Bunning (R-KY), Yea
    Burr (R-NC), Yea
    Byrd (D-WV), Not Voting
    Cantwell (D-WA), Yea
    Cardin (D-MD), Nay
    Carper (D-DE), Nay
    Casey (D-PA), Nay
    Chambliss (R-GA), Yea
    Clinton (D-NY), Nay
    Coburn (R-OK), Yea
    Cochran (R-MS), Yea
    Coleman (R-MN), Yea
    Collins (R-ME), Yea
    Conrad (D-ND), Nay
    Corker (R-TN), Yea
    Cornyn (R-TX), Yea
    Craig (R-ID), Yea
    Crapo (R-ID), Yea
    DeMint (R-SC), Yea
    Dodd (D-CT), Nay
    Dole (R-NC), Yea
    Domenici (R-NM), Yea
    Dorgan (D-ND), Nay
    Durbin (D-IL), Nay
    Ensign (R-NV), Yea
    Enzi (R-WY), Yea
    Feingold (D-WI), Nay
    Feinstein (D-CA), Nay
    Graham (R-SC), Yea
    Grassley (R-IA), Yea
    Gregg (R-NH), Yea
    Hagel (R-NE), Yea
    Harkin (D-IA), Nay
    Hatch (R-UT), Yea
    Hutchison (R-TX), Yea
    Inhofe (R-OK), Yea
    Inouye (D-HI), Nay
    Isakson (R-GA), Yea
    Johnson (D-SD), Not Voting
    Kennedy (D-MA), Nay
    Kerry (D-MA), Nay
    Klobuchar (D-MN), Yea
    Kohl (D-WI), Nay
    Kyl (R-AZ), Yea
    Landrieu (D-LA), Yea
    Lautenberg (D-NJ), Nay
    Leahy (D-VT), Nay
    Levin (D-MI), Nay
    Lieberman (ID-CT), Yea
    Lincoln (D-AR), Nay
    Lott (R-MS), Not Voting
    Lugar (R-IN), Yea
    Martinez (R-FL), Yea
    McCain (R-AZ), Yea
    McCaskill (D-MO), Nay
    McConnell (R-KY), Yea
    Menendez (D-NJ), Nay
    Mikulski (D-MD), Nay
    Murkowski (R-AK), Yea
    Murray (D-WA), Yea
    Nelson (D-FL), Nay
    Nelson (D-NE), Yea
    Obama (D-IL), Not Voting
    Pryor (D-AR), Nay
    Reed (D-RI), Nay
    Reid (D-NV), Nay
    Roberts (R-KS), Yea
    Rockefeller (D-WV), Nay
    Salazar (D-CO), Nay
    Sanders (I-VT), Nay
    Schumer (D-NY), Yea
    Sessions (R-AL), Nay
    Shelby (R-AL), Yea
    Smith (R-OR), Yea
    Snowe (R-ME), Yea
    Specter (R-PA), Yea
    Stabenow (D-MI), Nay
    Stevens (R-AK), Yea
    Sununu (R-NH), Yea
    Tester (D-MT), Nay
    Thune (R-SD), Yea
    Vitter (R-LA), Yea
    Voinovich (R-OH), Nay
    Warner (R-VA), Yea
    Webb (D-VA), Nay
    Whitehouse (D-RI), Nay
    Wyden (D-OR), Yea

    Vote Summary By Senator Name By Vote Position By Home State





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  • DDLMODES
    07-06 12:47 PM
    :confused:
    As I understand, if we win the lawsuit, they will accept all 485 filed in July, no matter July 2 or 31. But they will process July 2 case first.

    Based on what exactly ??
    Nobody here even comes close in identifying which are the eligibility criteria. Everybody hopes for one or the other.

    Meanwhile one thing is for sure:

    Every application filed after July 2nd, is filed AFTER they closed the doors oficially! How are we in the same class as the people from July 2nd ??? Just because we prepared for filing ??? Isn't that a bit weak in the eyes of the law ?





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  • daramesh
    01-06 12:38 PM
    I have a couple of questions, pl let know if you have valid info.


    Situation: Spouse came to US on H4 and then got converted to H1.Due to delay in pay and not a strong case, she is not willing to go for H1 visa stamping next time when she goes to India. She wasnts to go for H4 visa stamping instead.

    1. Is it better to convert to H4 here and then leave for India? We feel that if it would take time to convert to H4, then instead of waiting she can work till the last day here and then quit and leave(because she wants to leave ASAP). Also changing from H1 to H4 here means submitting paystubs and other documents and more scrutiny. I think in Chennai consulate there will be less questions if applying for H4. Any thoughts, pl help?

    2. If applying for H4 in Chennai, will they ask for paystubs from her previous H1 status? They shouldnt since she is applying for H4, but I still wanted to know. If they ask why do you want to change back to H4, what is the best answer?

    3. Travelling on an expired visa from East coast to Chennai. If there is no time to get transit visa to travel thru Europe, which is the shortest route/best airlines to get to Chennai quickest from say, Atlanta? Pl help

    This is urgent, PLEASE HELP





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  • delhirocks
    06-28 01:56 PM
    This is wrong. EAD can be issued when both of the following conditions MUST meet:

    I140 has been approved
    I485 application is 180 days old

    Thats incorrect, You will still get your EAD if I-140 is pending. But, in futiure if your I-140 is say rejected, you will be instantly out of status (If you are on EAD).

    I will post the supporting documentation shortly



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  • bobzibub
    12-30 10:48 PM
    http://ntl.bts.gov/faq/intdl.html

    I got mine at a local automotive ass'n before heading to Europe....





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  • browncow
    06-09 09:25 PM
    I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.

    I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.

    YOu stole my profile picture, stop doing that, or you WILL fail.



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  • rsdang1
    07-31 11:30 AM
    Why not EB2-I July 2007...





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  • coolstonesa
    03-28 12:13 PM
    Looks like you forgot the intense pain of what you claim to be "agonizing 5 years" in no time. If DOL were so particular in doing things on time and keeping up their promises then it wouldn't have taken 5 years for your labor to clear. With all due respect, please stop telling us about DOL deadline...it holds no ground.

    We understand Immigration Reform Bills being discussed currently and the need to focus on them...however, only thing we (BEC victims) are trying to put across is that if someone from IV does get the opportunity to speak infront of the congress, please don't forget to highlight the BEC mess (PBEC in particular). Labor certification backlog is one big part of the whole broken immigration system. It can not be isolated. Even if it is administrative problem we need the lawmakers attention to get it fixed.



    Ladies & Gentlemen
    I can understand the emotion and commotion among my fellow beings who are stuck with BECs. I waited agonizing 5 years to get my labor cleared. We all clearly understand what are you guys going through.

    But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.

    Right now big things are happening in the immigration law making. So I think we should concentrate to get the best out of it and achieve our goals on the Green Card Visa issues. As Tom Tancredo is going to fight with teeth and nail against Immi Bills, we have to do the same.

    There are many others issues we can lobby for such as

    1) Starting H1B stamping inside the US again( Which was stopped in 2005)
    2) Allow H1B spouses to work. etc etc


    But I believe our priority for the time being should be Retrogression. I request all of you to use this thread for finding a person to testify.

    thanks
    babu.



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  • TheGreatMan
    07-06 02:29 PM
    Its a question.. THIS IS NOT A RUMOR ...

    Are they even filing a lawsuit ?? If they are SO READY, where is the big press release saying USCIS SUED !!!!!!! :cool:





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  • northstar
    08-11 12:42 AM
    One thing that forces you to believe its true is the date itself, why 8 MAY ? it somehow paints a picture that somebody did calculated the remaining visa numbers and arrived at the exact comfortable date. Guys, chances are its fake, but you never know. :)



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  • bestia
    08-15 06:14 PM
    Everyone wants to play it safe until they get greencard and then everyone becomes risk taker after greencard gets approved; because they feel uscis is no longer watching.

    Have you ever seen an RFE; where a company is asked to account for all h-1b, L-1, I-140's and people who got greencard through the company and where they are?

    I have seen it. It is where there is an imbalance between current employee headcount and number of greencard filings. This imbalance will always exist in staffing companies because everyeone eventually has to file labor/140. At certain points of time there will be more pepole who have gone for greencard then what the current headcount is.

    There are limits to everything - and to worries too. Of course you don't want to be taking meaningless risks, but to live like a chicken is not an option either. But this is more philosophical, here is my question.

    USCIS may send RFEs for whatever and whoever they think it's reasonable. They can investigate and reinvestigate and GC holders and citizens, it's their job. Now tell me. How many you know of GC holders who got denied their citizenships because they just threw away their W2s? How many GCs were actually revoked and people were deported because USCIS investigated company and found out that most of the employees were H1b?

    Here is case of my cousin, he had his GC for many years, his wife and kids got citizenships. He didn't because he didn't accrue his 5 years in the US. He felt that he would be more successful in his home country. So he had business over there and was traveling back and forth to/from US. Once, at airport the immigration officer asked why he was traveling so much? He honestly answered "i'm doing business abroad". What do you think? INS officer initiated investigation and put him on deportation. Reason? "Absence of immigration intent!!!!". The case was quickly dismissed by immigration judge. My cousin was telling me how angry the judge was at prosecutors, he told them not to waste tax money like this anymore. So... what would be the right choice for him? Taking risk and making money (now he has a $1M house in LA) or be "careful" and live in some crappy hollywood apartment until his citizenship?





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  • vivache
    09-25 07:13 PM
    I agree with both the ideas.
    In fact the idea of the banner with 'Waiting for X years' is fantastic ..
    That would be an amazing sight where everyone holds placards that say since when they have been waiting.
    If it's even 400 people .. we have 400 people saying look we've been waiting since 5,7 or 9 years.

    It's also important to get in heavyweights like either local folks like Google HR head or any public face. Google has always supported the Immigration issues .. since they have problems because they couldn't hire folks when the h1 lottery happenned.



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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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  • Macaca
    06-15 05:57 PM
    This loss of visas is due to:

    gaps in USCIS� accounting of cases;
    USCIS not processing enough pending applications in a timely manner; and
    the imprecise art of predicting workflows and demand surges at three federal agencies:

    Department of Labor (DOL) (approves labor certifications);
    USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
    DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).



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  • nixstor
    04-16 03:37 PM
    Nixtor, If you are Indian it seems to me you have not visited India for long time now. India�s IT story started as back office. But now that�s not true any more. The Kind of projects the big IT firms like Infosys, Wipro & Satyam are doing and no sub standard than the projects U.S. big I.T. firms are doing. But I do agree with you 100% it is a far dream that India can ever be at the top of the world. It is my personal opinion too. I think the current surge is temporary which was mainly brought in by a government which ruled India between 1999 & 2004. What we are seeing now is momentum of the good things they did. The current government which is highly inefficient & corrupt is going to give way to more corrupt & more inefficient government and everything is gonna fall like a deck of cards.

    We do not have to go and sit down in their helluva offices to figure out what the heck is going on. My point is simple. As long as all the so called companies simply write software,provide services to US companies its back office. How much of software written is for native use? How much of the revenue generated by these companies is Indian based? With out infrastructure and manufacturing growing at at least 10% of the other growths people dream about, its nothing but a deck of cards doomed to fall any time. Enough of my rant.





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  • msandhu
    08-27 09:30 AM
    I agree with you. PenDot does not give online extension for non-immigrants(if it was mentioned originally that you are foreigner when you first got your license). Also they extend visa for H1 only after you get approved extension letter in hand. They do not accept receipt notice. I think they accept i-485 receipt notice to extend you Driving license though.



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  • kavita
    07-17 09:20 AM
    I just sent the petitions to Illinois setators Richard Durbin and Barack Obama and my local representative Timothy Johnson.

    For those like me, who have no idea who the senators are and who is your local representatives, use the following link:

    http://directory.usayfoundation.org/





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  • jsb
    03-19 02:09 PM
    [QUOTE=sri1309;...Isnt it a shame that a greencard holder cannot get his wife immediately wheras H1s and others can. They have to be told very loudly... .[/QUOTE]

    This favours temporary workers on H1, L1 etc. An H1/L1 spouse can move to the US easily, but not that of a GC holder. If you want to bring out this "discrimination", that would mean to discontinue H4 visas, as seeminlgly it is a discrimination against a GC holder. Is that you are looking for?





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  • maximus777
    07-02 12:09 AM
    These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.

    Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.

    Very well put - could not agree with you more.





    h1techSlave
    09-29 02:02 PM
    Do you have to go thru an accountant to start a company?

    I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.

    Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.





    coopheal
    10-07 02:17 PM
    India Was in 1998 for some time. Not sure if this is right "IN - 1/1/2002 7/1/2001" .
    Well in Jan 2005 VB IN was 1/1/2002.
    It was the time when priority dates were added.



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