Tuesday, June 28, 2011

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  • eb3_nepa
    12-11 10:42 AM
    Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.

    That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?

    The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.




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  • desi3933
    06-28 11:07 AM
    desi - You seem to have in depth knowledge in this. All your posts put together gives the complete picture.


    Thanks so much, for your kind words.

    If not in IT field, I would have been in Immigration Law field.


    .




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  • sankap
    07-10 04:43 PM
    No, I've not "come down from legal standpoint to employer standpoint!" Your assumptions/inferences are based on generalizations. All I meant was there are many perspectives/interpretations for "permanent." Yes, if you're an H1B on a FT job, there are high chances are that the employer thinks that's a "FT and permanent" position--even though GC is filed for future job. Why don't you ask your employer that question when you were/are on H1B, pre/post-I-140 petition? That is, were/are you working there as a temp or "perm?" on H-1B? And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?

    Now you have come down from legal standpoint to employer standpoint! :D

    The answer to your question is No.
    Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.

    Again, you are mixing H-1B job with GC job.

    Let me ask that question again (because you got confused last time)
    Look at the I-140 application for GC (Page 2, Part 6, Question 5)
    http://www.uscis.gov/files/form/i-140.pdf

    I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"

    Did your attorney put No for this question for your I-140 app?

    You still believe that no job is permanent. If so, all I can say, more power to you.

    Have a good day!


    _______________________
    US citizen of Indian origin




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  • tnite
    11-21 09:20 AM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul

    I wish you and your family the best . As someone already mentioned miracles have happened and hope that it will be the case in your situation.



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  • jk333
    07-08 01:18 PM
    Excellent points dvsnm.

    Once the date, time, and agenda are fixed, we'll hit the roads.
    We can also come out with a common flier.

    Adding to this:
    * Each major company in the bay area must have their own internal
    network/alias. They can spread the word within and pool in more support
    for this.

    -JK

    Guys I am looking at this thread for the first time today and want to put some comments:

    1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.

    2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.

    3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.

    BUT, you know what we are missing?:

    1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?

    2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?

    3) No usage of the library notice boards.

    4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?

    I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.

    Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.

    As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.

    P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.




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  • ksircar
    05-23 07:31 PM
    Web fax sent.



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  • JazzByTheBay
    09-28 04:36 PM
    Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.

    If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.

    As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.

    It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.

    jazz

    First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

    The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

    However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

    Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

    I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

    Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

    Also, IV should advocate on not to have any restrictive interpretation in final regulation.




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  • nc14
    09-11 11:50 AM
    Well said and I think the community cannot just always get, they have to learn to GIVE back (for their own cause) in this case.

    It is atrocious to see people demanding action when their own contribution is ZERO (infact negative by wasting the precious bandwidth and creating divisions)




    Guys
    I am seeing lot of heat and frustration out here and it is understandable to whole extent. First of all, I am a DC/MD/VA state chapter member and working towards achieving goals of getting GC in one year. Sounds funny right!!!! But it is true. We are working at grass roots with the National Leadership of IV to get things going at individual constituency level. I just posted this on another thread on IV. You might be knowing that DC Metro area should be having thousands of professionals making good money and stuck in this mess!!! Thousands!!! Do you know how many active members we have for this chapter!!! around 160!!!! Do you know how many turn up for weekly chapter meeting!!! 15!!!! But we are fortunate two have these 15 people who are putting their time and effort to talk to lawmakers.... These people also donate money. By the way these people are mix of EB 2 and EB 3. Do not try to create this division of EB2 and EB3. Some of the people running this IV have their green card but they are still putting in their time for you guys to lobby....It just takes 25$ each month to become donor but people don't want to do that. Don't think that IV will show you proof of concept for you to start donating. If you cannot volunteer, just keep quiet and wait for next VB. I also know that people cannot make to state chapter meeting because of commitments, distance etc. Understandable but have they asked state chapter via email what all they can do in their constituency to sort this out......Join State Chapter and see what all IV is doing...You guys have no idea what all is going on behind....If you think you can help...at least start donating and more important....start volunteering with your state chapter....If thousands of us start screaming to our lawmakers office....you will not need money to lobby anymore.....



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  • GCKaIntezar
    05-23 12:29 PM
    The point system has worked well in both Canada and New Zealand and have moved those who meet the threshold through the immigration system faster. As an non paying IV member, I am not in favor of opposing the current bill.


    Where did you get this idea that IV is opposed to the point system? Any reference to the IV analysis or the core member response would be appreciated before you put such a claim.

    We have identified our objectives clearly. Taking a position for the bill (in favor of or in opposition to) does not neccesarily mean that we want to kill this bill, but instead we like the congress to treat this community fairly and at parity with the undocumented immigrants and family-based applicants in the current Immigration Reform bill S. 1348.




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  • looivy
    11-18 11:29 AM
    Done



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  • anzerraja
    07-19 09:45 PM
    Thanks !

    Please post your pledge amount. Easier for us to keep track of the total amount.

    Count me in...




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  • test101
    07-10 08:11 AM
    maybe we can do web fax ,. so members can fax these information as well, and the media knows they need this .. can this be done?



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  • hpandey
    07-20 05:07 PM
    IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing (based on my observation, I might be wrong so take it easy). If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums. Hope we get out of this EB2 vs EB3 and as focus on visa recapture.

    I am EB3 and I contributed to every IV campaign including the last DC advocacy. Just because all IV efforts end up helping only EB2 does not mean EB3 people do not contribute or participate in advocacy efforts. Its just that no one wants to hear about EB3 whether it be USCIS or anyone else. :mad:




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  • reedandbamboo
    09-14 11:04 AM
    I am a member of the Tri-State Chapter. I've been meaning to ask you, could you take a look at this letter and the posters and bring it to the attention of the Tri-State members?

    Here it is: http://immigrationvoice.org/forum/showthread.php?t=21340&page=5

    Could the rest of you'll following this thread bring these materials to the notice of your respective State Chapters?

    Thanks all!



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  • amits
    07-20 12:08 PM
    Aman, Hats off to you!

    If you, core team are not taking the reimbursement, then I will contribute my pledged amount to IV contributions.

    Thanks for everything you've done for legal immigrant community!!

    It's a pleasure to be a part of this group!!!




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  • Suva
    01-30 02:29 PM
    I think the point raised by nousername is valid. Out of three people applying for fresh h1 only one gets it through lottery. H1 is only intended for fulltime job. After one fulltime job you can have multiple H1 for part time jobs. So if a person without a job offer is selected through lottery then it is unethical. It's not legal in H1 status without proper wage. So it is always desirable to apply H1 when you have a concrete job offer where the employer is willing to pay as soon as you apply for H1.


    What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.

    How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?

    Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
    How can you tell he/she is representation false?

    People like you are the ones who are dividing the community.



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  • BharatPremi
    11-01 05:21 PM
    I am july 2 filer

    I believe 180 days are over around 31 dec 2007 for using AC21

    I am planning to quit my job and go to india for max 3 mnths

    I have a job offer and they are ready to hire me from 1 april 2008

    what precautions should i take so i dont have problems while coming back

    I am planning to use AP

    I would take 3 months of vacation (With written vacation approval from this date to that date)at present employer ( Even with "No Pay"), come back from India, THEN QUIT and then join new employer.




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  • diptam
    07-02 09:35 AM
    If there is a revised bulletin which shows that your Priority Date is retrogressed then your's will be thrown off ....

    I mean you missed a golden opportunity because you had whole of June
    to file - i know its not your fault , just stating the Fact.

    I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...




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  • mchatrvd
    09-11 11:06 AM
    Guys
    I am seeing lot of heat and frustration out here and it is understandable to whole extent. First of all, I am a DC/MD/VA state chapter member and working towards achieving goals of getting GC in one year. Sounds funny right!!!! But it is true. We are working at grass roots with the National Leadership of IV to get things going at individual constituency level. I just posted this on another thread on IV. You might be knowing that DC Metro area should be having thousands of professionals making good money and stuck in this mess!!! Thousands!!! Do you know how many active members we have for this chapter!!! around 160!!!! Do you know how many turn up for weekly chapter meeting!!! 15!!!! But we are fortunate two have these 15 people who are putting their time and effort to talk to lawmakers.... These people also donate money. By the way these people are mix of EB 2 and EB 3. Do not try to create this division of EB2 and EB3. Some of the people running this IV have their green card but they are still putting in their time for you guys to lobby....It just takes 25$ each month to become donor but people don't want to do that. Don't think that IV will show you proof of concept for you to start donating. If you cannot volunteer, just keep quiet and wait for next VB. I also know that people cannot make to state chapter meeting because of commitments, distance etc. Understandable but have they asked state chapter via email what all they can do in their constituency to sort this out......Join State Chapter and see what all IV is doing...You guys have no idea what all is going on behind....If you think you can help...at least start donating and more important....start volunteering with your state chapter....If thousands of us start screaming to our lawmakers office....you will not need money to lobby anymore.....




    Jaime
    06-26 05:10 PM
    For your Information India's GDP is 3 trillion USD compare to Mexico 1 trillion USD. Taking into account GDP of EU India ranks 5th in GDP higher than any indivisual European nation where as Mexico ranks 13th. This is as per CIA worldfactbook. So where did you get the number
    "Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
    Hmmn did I forget you are an MBA from Mexico ?

    (What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
    Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.

    I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.




    skillet
    11-21 03:21 PM
    I am dumbstruck. I do not have words to express anything. May god give you enough strength to face this. Explore all the remedies. Believe in yourself. You will be fine
    Regarding GC, I think its better to consult immigration attorneys
    Good luck



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