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  • nsveta
    04-22 04:57 PM
    Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.

    For an employer to sponsor a foreign worker on H1B,
    First of all, there needs to be a skilled worker position open and available in US and
    2nd that there are no "qualified" US citizens are available to fill that position.

    OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.

    No offense to any one but just calling for more caution as we have seen increased number of posts like these.

    Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.

    I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.

    Thanks again.




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  • REEF�
    06-08 07:57 PM
    tsk tsk, voting for yourself :bad:Like I was gonna win this is a huge poll I might as well have done it :lol:.

    I don't want to win this because I don't deserve it. I even said I want the vector guy to win, them thangs are sweeter than rubber bands :azn:.




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  • JDM
    08-06 08:53 PM
    I am a June filer (2003 PD)... My GC was approved in Sept 07. My wifes is still pending. Send application on the same day, FP done together etc... Go figure!:rolleyes:

    Sept 07! Did you enquire with them as you should now be eligible to ask them since its already sixty days have past since you got your GC!
    Looks strange.




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  • kutra
    07-21 04:04 PM
    Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.

    This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.

    True, however...

    USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.

    Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!



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  • watertown
    03-04 11:02 AM
    Gurus,

    I'm in Boston area and would like to know your opinion if I should file WOM!!!!

    My case was filed in Aug, 2006 and I-485 was transferred to local office for interview on May 22, 2007. The interview went well and the lady officer indicated that I should get my card in 1 month!! That day was so nice!!!

    Anyway, the reason for interview was I guess the previous I-485 submitted by my ex-wife after our seperation to put me in trouble in 2001 but I never took any benefit for that and I hand-delivered a letter to the IO when they asked me to come for interview in 2002. I explained that it should have been abandoned coz I sent letter even at the time for finger-print notice! Long story short, my ex and I had fight and I called the cop who took both of us to the custody and in the morning let us go. I didn't see the judge and.

    So on this last I-485 (EB-2 ROW) I answered the question NO of if I had ever filled any immigration petition and NO to if I had ever been arrested.


    Last year I was getting anxious when the card didn't arrive and Infopass told me that I was stuck in FBI-name check! I asked the congressman Ed Markey and his office told that my name check was cleared in Dec, 2006!!! I took another Infopass and again IO told me about Namecheck but when I told him about the info provided by Congressman, he then told me that it was going thru additional review!!

    Now , guys....hsall I file a WOM? Whats your take?




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  • Green06
    08-24 10:48 AM
    Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who know their worth. This is our most productive age and we won't waste it.

    I will try finding the recording of the show and post it here.



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  • gjoe
    10-05 11:07 AM
    Are you a lawyer? :)

    Lawsuit was done few years ago by Rajiv Khanna. Its big business for the lawyers. End result: nothing. So if you want to throw your money to the lawyers, be my guest.

    God helps those who help themselves and not to those who throw money to the lawyers. If you want to help yourself, then help IV.

    If we have a strong case we won't end up in monetory loses. BTW USCIS has plenty of money now to pay with all those new fees they collected for the applications.
    Lawyers will charge money for their service, but finding a good lawyer is what we have to do.

    PS: Pardon my typos and spellings




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  • ewana
    02-02 11:57 PM
    Hi all,

    I'm currently on H1B. My wife is on a L1 visa and her company just applied for her I140/I765/I485 concurrent (under EB1). Based on the previous post, it seems that if my wife gets approved for her GC, I can piggy back anytime since we were married before she got her GC.

    My question is with regards to the PD if she got approved, do I get the Priority Date for EB1 (meaning little wait) or so I need to wait months/years of delay ? Should I just instead apply for I485 after her I140 is approved so that we get our GC together. What would be the risk in case something wrong happen to her application ? would I lose my H1b? I would like to hold on to my H1B unless I'm sure I can get my GC. My H1b is not IT related so I'm not that confident to find another one in case I lose my H1b. My company is willing to sponsor my greencard, but we thought of trying the EB1 first as it is much much faster.

    Thanks for all your insights.



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  • YesGC_NoGC
    06-20 01:34 PM
    Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.

    However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.

    I am looking at looking at options...let's see what is the outcome.

    Thanks




    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.




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  • optimystic
    05-12 08:36 PM
    There are certain things that money cannot buy [for everything else there is Master card :) ].

    Seriously, If $2000 dollars would buy you a GC (guaranteed) then I think most (> 90%) of the people on this forum would have gone for that (or atleast convince their employers to part with that amount for a guaranteed ROI)

    It would be good to get some kind of insight into the thought process of IV core/lead team and how they think they can put a million dollars to effective use?
    I mean can we lobby/cultivate our own caucus (not cactus :D) from the ground up in the congress etc, who can work for our cause? What other such effective things can be done?

    Any kind of roadmap/plan of action that would probably help generate an interest and convince atleast some people to start donating.


    Just saw this on cnet .

    http://www.news.com/8301-10784_3-9941962-7.html?tag=nefd.top


    "The Hispanic Caucus sees it as a bargaining chip to get what they want, which is comprehensive immigration reform, amnesty for illegal immigrants, whatever you want to call it," Fishman said. "Until the Democratic leadership allows legislation (related to H-1Bs) to go to the floor on its own merits, that's the situation we have here."

    Though this is only about H1-B, but I would guess, that caucus would be looking at even other legal immigration/GC related proposals, amendments that come thru and try their best to piggy back on them to further their own agenda. To be able to effectively push legal immigration related laws/changes on their own merit and not held back in one common basket, we might need an equally powerful legal immigration/H1B caucus out there.

    But how to get there? Will million dollars help?

    Thats the million dollar question currently on everyone's mind I guess :D



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  • ChainReaction
    04-18 07:09 AM
    www.immigration-law.com

    04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report

    The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
    California Service Center ceased reporting I-140 processing times
    Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
    04/10/2006 Report 04/15/2006 Report
    EB-1A 10/01/2005 03/01/2006
    EB-1B 11/12/2005 03/01/2006
    EB-1C 12/17/2005 03/15/2006
    EB-2 12/10/2005 12/15/2005
    NIW 12/10/2005 03/15/2006
    EB-3 10/16/2005 02/15/2006
    EB-3EW 01/15/2006 03/15/2006
    Schedule A 12/17/2005 02/01/2006

    Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
    We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
    Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.




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  • zCool
    03-24 04:25 PM
    I heard whole segment and it was great advocacy Mark.
    I think the guy who called afterwards nailed it right..
    I don't know why folks don't emphasis injustice built-in per country quota..
    If discrimination is prohibited anywhere else based on persons's national origin why is it allowed to continue in Green Card queue??
    We should hammer this point everywhere..
    I have spoken abt it and no one can really say any good counter-point..
    IF the pain was shared across all the nations, you bet there would be more support across the board..
    Also per-country quotas are really relic of pre-1965 European only immigration policy..
    Before anything else I would like simple just queue formed.. This is new "Asian Exclusion Law" and that should be #1 target!



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  • pakrish
    06-22 09:29 AM
    My laywer has adviced me that the skin test is mandatory




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  • txh1b
    04-20 10:56 AM
    In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.

    That is not true. There is no default assumption and call center folks have no knowledge about things.

    I have first hand experience with the same scenario at the same airport and CBP said it was a good idea to come back rather than assume a 6 month stay.



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  • needhelp!
    08-31 12:38 AM
    Just like there can be no rally without IV members,
    There can be no (hypothetical) country without IV members




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  • kondur_007
    03-16 01:13 PM
    can someone please give me some advices about this situation?

    I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
    Nothing changed in 2007, and I didn't leave US at all.
    Then in June 2008, my visa status changed to H1B (and H4 for spouse).
    I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
    Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
    I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)

    My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.

    You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
    This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
    My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
    Good Luck.



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  • mbartosik
    06-22 05:15 PM
    They charge $2, blimey, that's nothing. They want to increase to $9, hey increase it to $100 and to the job properly!

    If I was stuck in name check I'd happy write them a check for $900 not just $9.

    This is a typical example of how doing things on the cheap is just plain stupid.

    If they are going to do a name check for the 12,000,000 to 20,000,000 then how does that affect them. In computing we have to write systems that scale, I doubt their system will scale to cope with an extra 20,000,000 checks.




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  • fromnaija
    11-09 01:54 PM
    Done!

    I would have love to see a section to show that we are law-abiding and the contribution of our family to our community and the economy. For instance my son has graduated college and now working, paying taxes and contributing to the US economy. And I am sure that most of you here who have college age kids are sending them to colleges and sometimes even paying out-of-state tuition to boot.




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  • gc_wannabe
    06-17 09:12 PM
    TOTALLY unknown...

    No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.

    So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.

    Cheers

    ArkBird

    Thank you.




    lonedesi
    11-16 05:28 PM
    I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
    My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...




    waltz
    08-24 02:05 PM
    I'm sorry if this has been posted before, but the show is based on the following study:

    ************************************************

    Kauffman Foundation Study Points to �Brain-Drain� of Skilled U.S. Immigrant Entrepreneurs to Home Country
    Contacts:
    Barbara Pruitt, 816-932-1288, bpruitt@kauffman.org, Kauffman Foundation
    Tom Phillips, 212-935-4655, comptwp@aol.com, Communication Partners

    More than a million skilled foreign nationals in the United States, including doctors and scientists, face mounting visa backlog

    (KANSAS CITY, Mo.) Aug. 22, 2007 � More than one million skilled immigrant workers, including scientists, engineers, doctors and researchers and their families, are competing for 120,000 permanent U.S. resident visas each year, creating a sizeable imbalance likely to fuel a �reverse brain-drain� with skilled workers returning to their home country, according to a new report released today by the Ewing Marion Kauffman Foundation.

    The situation is even bleaker as the number of employment visas issued to immigrants from any single country is less than 10,000 per year with a wait time of several years.

    �The United States benefits from having foreign-born innovators create their ideas in this country,� said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and executive in residence at Duke University. �Their departures would be detrimental to U.S. economic well-being. And, when foreigners come to the United States, collaborate with Americans in developing and patenting new ideas, and employ those ideas in business in ways they could not readily do in their home countries, the world benefits.�

    Conducted by researchers at Duke University, New York University and Harvard University, the study is the third in a series of studies focusing on immigrants� contributions to the competitiveness of the U.S. economy. Earlier research revealed a dramatic increase in the contributions of foreign nationals to U.S. intellectual property over an eight-year period.

    In this study, "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," researchers offer a more refined measure of this rise in contributions of foreign nationals to U.S. intellectual property and seek to explain this increase with an analysis of the immigrant-visa backlog for skilled workers. The key finding from this research is that the number of skilled workers waiting for visas is significantly larger than the number that can be admitted to the United States. This imbalance creates the potential for a sizeable reverse brain-drain from the United States to the skilled workers� home countries.

    The earlier studies, �America�s New Immigrant Entrepreneurs� and �Entrepreneurship, Education and Immigration: America�s New Immigrant Entrepreneurs, Part II,� documented that one in four engineering and technology companies founded between 1995 and 2005 had an immigrant founder. Researchers found that these companies employed 450,000 workers and generated $52 billion in revenue in 2006. Indian immigrants founded more companies than the next four groups (from the United Kingdom, China, Taiwan and Japan) combined.

    Furthermore, these companies� founders tended to be highly educated in science, technology, math and engineering-related disciplines, with 96 percent holding bachelor�s degrees and 75 percent holding master�s or PhD degrees.

    Among key findings in the most recent report:

    Foreign nationals residing in the United States were named as inventors or co-inventors in 25.6 percent of international patent applications filed from the United States in 2006. This represents an increase from 7.6 percent in 1998.
    Foreign nationals contributed to more than half of the international patents filed by a number of large, multi-national companies, including Qualcomm (72 percent), Merck & Co. (65 percent), General Electric (64 percent), Siemens (63 percent) and Cisco (60 percent). Forty-one percent of the patents filed by the U.S. government had foreign nationals as inventors or co-inventors.
    In 2006, 16.8 percent of international patent applications from the United States had an inventor or co-inventor with a Chinese-heritage name, representing an increase from 11.2 percent in 1998. The contribution of inventors with Indian-heritage names increased to 13.7 percent from 9.5 percent in the same period.
    The total number of employment-based principals in the employment-based categories and their family members waiting for legal permanent residence in the United States in 2006 was estimated at 1,055,084. Additionally, there are an estimated 126,421 residents abroad also waiting for employment-based U.S. legal permanent residence, adding up to a worldwide total of 1,181,505.
    Using data from the New Immigrant Survey, the authors find that, in 2003, approximately one in five new legal immigrants in the United States and about one in three employment-based new legal immigrants either planned to leave the United States or were uncertain about remaining. The authors had no data on how many foreign nationals have actually returned to their homelands.

    �Given that the U.S. comparative advantage in the global economy is in creating knowledge and applying it to business, it behooves the country to consider how we might adjust policies to reduce the immigration backlog, encourage innovative foreign minds to remain in the country, and entice new innovators to come,� said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.

    About the research team
    For more information about the Global Engineering and Entrepreneurship research at Duke University, visit http://www.globalizationresearch.com; visit http://www.law.harvard.edu/programs/lwp/ to learn about Harvard Law�s Labor and Worklife Program; and visit http://www.nyu.edu/ for more information about New York University.
    Read the report



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