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  • nomi
    12-08 08:20 AM
    DEAR FRIENDS OF AMERICAN PROGRAMMERS, ENGINEERS, NURSES, PHYSICAL THERAPISTS AND SCIENTISTS,

    Our citizen network did quite a job again today.

    I cannot predict. But as the Senate offices begin to close their phones down for the evening (even as the Senate continues to do business), our friends on the Hill are feeling much more confident that we will wake up tomorrow morning and find that Sen. Cornyn and and the tech industry lobbyists will NOT yet have succeeded.

    Some, though, believe Cornyn will make another attempt tonight to get a vote on his bill to almost double H-1B visas and employment-based greencards next year. Once the phone lines are down, however, you just have to take a rest and know you did what you could and hope that your efforts were enough to pull us through this evening.

    Your thousands of phone calls made a major impression on all Senate offices and on both Republican and Democratic leadership offices in the House.

    Our Capitol Hill Team is hearing from many staffers that this has been one of those "Phone Phenomenon" days in which one issue practically ties every office up in knots.

    AND NEARLY 100% OF THE CALLS ARE ON OUR SIDE -- AGAINST HELPING THE TECH COMPANIES, UNIVERSITIES AND HOSPITALS TO USE MORE FOREIGN LABOR TO DEPRESS THE WAGES OF THEIR AMERICAN WORKERS

    You may not have any idea how important that has been.

    Perhaps most importantly, it has made our best Senator allies exceptionally determined to block Sen. Cornyn (R-TX). Our latest nose count is that nobody is backing off their "holds" that are keeping the Cornyn SKIL Act legislation from reaching the floor of the Senate.

    Cornyn and the tech industry lobbyists continue to try to strike deals with the Senators to get them to remove their HOLDS. But backed by what they see as an overwhelming constituency knowledge of the issue and constituency opposition to increased foreign importation, the "holding" Senators are not budging. We are unaware of any of them accepting a deal to change their position.

    The reason individual Senators are able to exercise such power with these holds is because Cornyn has to get a lot of normal precedure waived in order to bring up his bill at the last minute like this.

    Our understanding is that Majority Leader Frist (R-TN) could go ahead and bring Cornyn's bill to the floor even with the holds if he wants to. But then he would have to get at least 60 of the 100 votes to break the holds of their colleagues -- which is kind of a personal thing.

    The more that you make this bill seem totally radioactive the less likely Sen. Frist will want to end his Senate career on such an explosive note, or that 60 Senators would want to vote to break the holds.

    A big thank you to all who have helped again today. There are hundreds of thousands of households this evening spread across the country that will have a much happier Christmas if we succeed in blocking the threat to their jobs, wages and standard of living that Cornyn's bill represents.

    Our nation's nurses, physical therapists, scientists, engineers and programmers have studied hard and worked hard and invested considerable money to be able to do these jobs. Why should our government import massive numbers of foreign workers (which no independent study has shown are needed) when that action would cause so many middle class American households to suffer?

    At NumbersUSA, we spend a lot of our time championing better treatment for the poor. But we also believe in the protection of middle-class Americans. You who have acted today have done a great service to these households.

    I expect to have marching orders for you first thing tomorrow morning based on what the situation has become by that time.

    THANKS,

    ROY

    P.S. If you didn't read Prof. Norm Matloff's San Francisco Chronicle op-ed today, please do so now because it explains so well why we consider this fight against major increases in legal foreign workers to be as important as our fight against illegal immigration.

    Read the article here:
    http://www.numbersusa.com/interests/hightech.html




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  • cooldesi
    01-24 11:47 PM
    Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
    There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.

    I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
    I agree and my experience suggests that it's always better to file fresh application than mtr. this is just my personal opinion.




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  • kittu1991
    02-27 02:05 PM
    In fiscal year 2006, there were 5 Indian firms in the top 10 users of H1B visa.
    http://www.networkworld.com/community/?q=node/15273

    However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.

    The Inidian firms use H1B for short term assingments of 2 to 3 yrs. And now a days Greencard is not an attractive carrot for Indian SW engineers.




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  • yanj
    12-14 09:38 AM
    Now I am working for a company in OPT .
    have 24 days GAP.
    How can I do to solve it ?



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  • vedicman
    11-30 09:00 AM
    The Startup Case For Immigration Reform - Maureen Farrell - Scaling Up - Forbes (http://blogs.forbes.com/maureenfarrell/2010/11/23/startups%E2%80%99-case-for-immigration/?boxes=Homepagechannels)

    It�s not just Google that�s worried about attracting and retaining top technical talent. However, the search giant�s recent 10% raise for all its employees is a leading indicator of the talent and compensation war surging through Silicon Valley, and among tech startups around the US.

    �It�s the worst I�ve seen since the late 1990s,� says Bessemer Venture Partner�s David Cowan, who estimates that salaries for experienced engineers are up about 20% from before the crisis. Charles River Partners� George Zachary says it takes between $90,000 and $100,000 to land even starting engineers compared to $75,000 to $80,000 just six months ago.

    Of the dozen venture capitalists and CEOs I spoke to who are seeing this trend, nearly all say a business-friendly immigration policy could help them find talent to help them grow startups.

    �Everyone of my startups has an issue with trying to fill out their engineering headcount plan,� says Cowan. �There are lots of talented engineers around the world. If we invited them to participate in our industry here in the U.S. we would see more Googles and Facebooks.�

    Large and small businesses are lining up behind an immigration policy that would make it easier for entrepreneurs and high-tech professionals to come or stay in the United States. Congress did not move forward on comprehensive immigration reform before the midterm election. It has also failed to pass several of the more specific immigration proposals made in recent years. One of these, the DREAM Act, would have allowed alien students who graduate from college or served for two years in the military to stay in the US. Another, the Startup Visa Act, sought to give a visa to anyone who�s received $1 million in equity investment in their company and would create 10 US jobs.

    Expect a concerted push to reverse what�s seen as a brain drain from big business and the venture capital industry. Jim Turley, the CEO of Ernst and Young who serves on Obama�s National Export Council, advocates a policy of what he calls �staple diplomacy.� Explaining it he said: �Whenever there�s a student from anywhere in the world who is walking across the stage from a leading university getting his or her PhD or masters we should staple a visa there to him or her and say you�re welcome to stay.�

    Immigration proponents cite studies by Duke Professor Vivek Wadhwa, who determined that immigrants created a quarter of all technology and engineering firms founded in the U.S. between 1995 and 2005. Foreign-born nationals residing in this country were part of nearly one-quarter of patents filed in 2006.

    Right now entrepreneurs and businesses have two options to bring highly skilled international residents into the US: the EB-5 visa and the H1B visa. With the EB-5 visa, immigrant investors can obtain a green card if they invest $1 million into a new or existing business and create at least 10 jobs. Less than half of last year�s 10,000 EB-5 slots were filled. Eleanor Pelta, the President-Elect of the American Immigration Lawyers Association and a partner at the law firm Morgan Lewis in Washington says foreign nationals are wary of using these visas to start a new business because if a business runs into trouble and the company doesn�t employ 10 workers two years later, the investor will lose his or her provisional visa. �It�s a dicey proposition because you have to use your own money or secure it with your own assets and you might not get a visa at the end of it anyway,� she says.

    The H-1B visa is for highly skilled foreign workers who will fill jobs that Americans can�t. US companies must sponsor these visas. The US caps this visa category at 65,000 individuals and it�s nearly always oversubscribed. Cleveland immigration attorney David Leopold and current President of the American Immigration Lawyers Association expects that this fiscal year�s (staring on October 1, 2010) visa slots will be filled by January of 2011. �So from January through next October, no companies can bring in skilled workers on these visas.�

    The United States� Chief Technology Officer Aneesh Chopra says President Obama has tried to lower administrative barriers for bringing foreign nationals into the US for professional development. �In his first year the President wanted to make sure scientists around the world who wanted to visit the US to participate in conferences and seminars could do that,� says Chopra. �We have streamlined that process and efforts so they can participate in ways that are a lot more friendly to their participation.�

    Many in Silicon Valley question how well even that move has worked. New Enterprise Associates Scott Sandell who invests in companies in Silicon Valley and China says it�s hard to bring in top executives from Chinese firms to meet with executives from his US companies. �Immigration agents are more overwhelmed and seem to have more trouble processing applications than they ever have,� says Sandell, noting that it�s been worse in the past six months.

    Still both Chopra and Undersecretary of Commerce Francisco Sanchez say that Obama will put political capital behind immigration reform in the next Congress. �We are obviously committed to comprehensive solution for immigration reform,� asserts Chopra. �There are clear areas of consensus in this country around reform, and areas of high-growth entrepreneurship clearly might be one that we can take action on sooner.�




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  • for_gc
    04-27 04:55 PM
    First of all, no need to be so concerned. Also this is not unique situation.

    Just apply for I140 for the EB3 (the labor you just got approved).
    Once you get the EB3 I140 approved, you have 2 ways to port the PD:
    1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).

    2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.

    The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.

    YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.

    My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.

    My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.



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  • belmontboy
    12-05 12:12 PM
    http://minx.cc/?post=279217

    you live your life dude, don't let any other M'fer control it!!!

    some LOSER! gave me a red for this post. The coward's comment was "is this how you talk to your mother...."

    What a jackass!!!
    Must be a terrorist sympathizer!!!




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  • rayen
    02-05 02:39 PM
    Our cases are assigned to IO more that 60 days ago. No LUD's sofar.

    Called VSC, One officer told me that they have thousands of cases pending. :confused:

    Any one got GC recently and pending with IO more that 60 days ?

    Appricaite comments and advice.

    Chris,

    How did you reach to the IO (Officer ) to know your status , is there any number/ options..

    Please advice.

    Thanks.



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  • hydboy77
    04-27 11:53 PM
    if what you said is correct then if dates move forward then people at NSC are going to get far more GC than TSC because 485 applications have been pre processed at NSC and TSC will not be able to match NSC in issuing GC

    No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.




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  • aph0025
    11-12 12:24 PM
    it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also

    Thanks for your input. So, the pay stub that you submitted, was it from your previous employer, or the one you got your visa transferred to? Hey, if you don't mind, can I have your lawyer�s contact details?



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  • don_don
    06-25 08:43 AM
    If I were you, I would wait till it is 1st of July. What if they reject it,,u loose more time than saving!




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  • mrajatish
    04-02 08:45 PM
    Admin,
    This is just phenomenal - we are using this in our presentation. Let us pray that this works, and if it does, we will have a very important person fighting on our behalf.



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  • quizzer
    11-01 05:39 PM
    Hello,

    I'm trying to see the list of people who applied EB2 at NSC in 2006 and still waiting for updates/result.

    Please keep updating this thread with ur dates and updates like if any SR was raised, any LUD's after ND etc.

    Mine RD is Dec 11 2006...no updates till now.SR was raised on 20th oct 2007.

    We will try to track if people get updates after posting here.

    Thanks




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  • zCool
    04-13 06:36 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.

    Lawyer is correct. letter needs to be from future employer.
    EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..



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  • Mumbai_girl
    12-03 11:58 AM
    What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.

    bach007 , I do very much appreciate your reply. I did call up mumbai and delhi visa center and they also said the same thing. Needless to say my lawyer needs to do lot of reading and research before answering any queries.




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  • mariner5555
    05-07 01:41 PM
    Forget to mention that you can port to self-employment :)
    are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??



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  • caforum2
    04-06 10:10 PM
    i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
    whn i went to immigration-law.com, they say the following

    cud someone tell me which one is true??????????

    We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
    The development is accompanied by three other developments:
    President released statement supporting the bi-partisan agreement;
    Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
    Senate also relected the Republican Kyl' motion for his amendments.
    Now we see the light at the end of the tunnel!!
    If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.




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  • Aakaash
    10-25 10:38 AM
    I believe i am right when I say that one can work on an expired H1b visa provided his/her extension (I129) is pending approval!! Please correct me if wrong.




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  • amulchandra
    11-10 04:13 PM
    This is my personal experience.

    I was on H4 for 3 years to take care of my toddler. During that period I tried to earn some US experience through volunteering as I did not have work permit. I researched little bit on it and finally decided not to volunteer on H4. Attorney's opinion is that H4 holder cannot volunteer for a For-profit organization. They could volunteer only for non-profit organizations like temples, churches,etc.

    I waited patiently, got H1b and luckily got a job as my company felt my NON-US experience is good enough to perform my job as senior data analyst.

    Hope this helps

    Amul




    truthinspector
    01-28 08:12 PM
    Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?



    http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms




    ujjvalkoul
    01-25 04:01 PM
    Wow!! Thats great guys...way to go!!



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