Friday, June 17, 2011

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  • vamsi_poondla
    04-22 03:00 PM
    Good reply. I agree with you

    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.




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  • madras1
    01-27 12:38 PM
    US needs EB1 and Ph.Ds

    Others not contribute as much

    Did you know your tri-valley university Ph.d does not count?




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  • sobers
    05-31 03:46 PM
    Clearly IV-QGA has a long ways to go before it an be featured in the 'big league'. Despite its short existence, its commendable what IV-QGA has been able to accomplish.


    =========
    National Immigration Forum: Angela Kelley, Christina DeConcini, Lynn Tramonte
    The Forum, the leading pro-immigrant advocacy group, has just expanded its lobbying arm by adding DeConcini, who was formerly with the Catholic Legal Immigration Network. The Forum “brings together strange bedfellows,” Kelley, its deputy director, said. She said groups that normally have little in common, such as the Chamber of Commerce, organized labor and the U.S. Conference of Catholic Bishops, join to work toward a “rational, constructive immigration policy.” Tramonte is the Forum’s senior policy communications associate.

    Federation of American Immigration Reform (FAIR): Paul Egan, Brian Bilbray
    Egan is the group’s director for government relations. FAIR is seeking a moratorium on most immigration to give the country time to develop a comprehensive reform strategy. Former Rep. Bilbray (R-Calif.) is on FAIR’s board of advisers and runs the group’s congressional task force. One lobbyist said Bilbray’s “incredible access” to the House of Representatives has helped FAIR in its work on immigration reform.
    * Bilbray is competing in a special election on June 6 to replace Duke Cunningham. If this guys wins, it will surely galvanize the Anti-Immigration forces in Congress and on the Hill.
    http://www.signonsandiego.com/news/politics/50thdistrict/20060327-9999-1n6bilbray.html
    McCains cancels appearance at fundraiser:
    http://www.foxnews.com/printer_friendly_story/0,3566,197579,00.html


    NumbersUSA.com: Rosemary Jenks, James Edwards
    Jenks is the in-house lobbyist for the group. She said that while NumbersUSA originally was involved in the impact of immigration on the labor market, the terrorist attacks of Sept. 11, 2001, “made it clear we also need to look at security.” Edwards, who is with Olive, Edwards & Brinkman, also said that immigration is currently seen “through the lens of security.” A legislative director for former Rep. Ed Bryant (R-Tenn.), Edwards worked on immigration issues when lawmakers passed immigration reform in the 104th Congress. At the time, Bryant was a member of the House Judiciary Committee’s Immigration, Border Security and Claims Subcommittee. Edwards also co-wrote The Congressional Politics of Immigration Reform, published in 1998.

    Agricultural Coalition for Immigration Reform (ACIR): Monte Lake, Craig Regelbrugge, Sharon Hughes
    This ad hoc coalition includes more than 100 organizations with a “substantial labor need,” said co-chairman Regelbrugge, who is also the senior director of government relations for the American Nursery & Landscape Association. The group wants to ensure that agriculture employers have access to a seasonal work force to make certain the country has a “safe and secure food supply.” While individual members of the coalition pitch in, ACIR is also relying on some outside help. Lake is a partner with McGuiness Norris & Williams. The former deputy attorney general of California said that before the 2001 terrorist attacks, the group was close to achieving its goal of helping to reform immigration in a way that allowed access to seasonal workers while instituting a system of “earned immigration.” Hughes is the executive vice president of the National Council of Agricultural Employers and a key component in coordinating ACIR’s grassroots campaign.

    United to Secure America: William Crosby, Wright Andrews
    In the first half of this year, the group spent more than $600,000 in lobbying fees, including $180,000 each to Butera & Andrews, Podesta Mattoon and Timothy R Rupli & Associates. The group advocates boosting national security through allowing what it calls a “manageable number” of immigrants and non-immigrant visitors. One source praised the access of Crosby, a former GOP chief counsel on the House Rules Committee and 27-year Hill veteran who now works for the Livingston Group, as especially valuable.

    American Immigration Lawyers Association (AILA): Judith Golub, Marshall Fitz
    Golub is the senior director of advocacy and public affairs for the 9,000-member group and Fitz is the associate director. AILA aims to educate Congress and the public about the benefits of an immigration policy that allows refugees and workers to enter the country.




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  • nshalady
    06-15 12:11 AM
    You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.

    Hi,
    My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

    Please advise.:confused:



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  • cinqsit
    10-07 08:32 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


    Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date




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  • chapper
    11-09 08:14 PM
    Can we do the same here - or something similar to that extent as demonstrated in UK - is it advisable.

    Legal immigrants no matter where they are from should be treated equally without divisions within this group or special classifications for certain sections of the group.



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  • rockstart
    05-19 03:40 PM
    Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.

    If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

    Is number of applications in 2001 and 2002 is > 40,000.

    Its very hard to believe.




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  • Aah_GC
    06-13 06:39 PM
    I have asked this question before and have called around 4 reps so far. Do I just leave a message or ask for the Congressman / woman? The receptionists are probably not even writing down the messages.



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  • kicca
    01-25 03:48 PM
    ^^




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  • manderson
    11-09 08:57 AM
    unless you are a European on EB3.

    My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!



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  • kevinkris
    07-21 06:11 PM
    Open this thread in case if you get it..


    Hi All,
    My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.

    Can some body guide me
    -Srarao
    $100-so far




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  • ss2005
    08-05 09:00 AM
    In the October 24, 2007 USCIS HQ Stakeholders Meeting, the USCIS gives the following answer:
    Question: Should I be worried if I receive a different A-number after filing an application for adjustment of status on Form I-485?
    Response: No, a temporary receipt process was implemented for Employment Based I-485 applications filed between July 2, 2007, and August 17, 2007. The temporary receipt process allowed USCIS to receipt the high volume of I-485 applications filed during the summer in a faster and more efficient manner. New A numbers were assigned during the receipt process. At a future date the newly assigned A numbers will be reconciled with previous A-numbers that may exist for each applicant and the newly assigned A-number will be deleted. The temporary A number will also appear on the EAD card. This temporary receipt process also facilitated the receipting of I-765 applications for employment authorization and I-131 applications for advance parole.



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  • xbohdpukc
    09-25 05:10 PM
    No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...

    Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...

    This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
    As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.




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  • vikki76
    04-21 05:49 PM
    Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.

    Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.

    Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .



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  • sw33t
    05-07 12:25 AM
    The Civil Rights Division's Coordination and Review Section can handle individual complaints alleging discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice.

    http://www.usdoj.gov/crt/cor/index.php

    Most major city police departments receive grants from the DOJ.

    Here is the Dept. of Justice website giving more information -

    http://www.usdoj.gov/crt/split/complaints.php#Police

    Don't try going to the department directly or filing a form directly. Not recommended as they will not be friendly.

    Also contact your local community organization leaders and let them know about the incident.

    It might be a good idea to setup a protocol or a process in place in the event something like this happens again. Memorize a contact number and educate your family members on what to do.

    Here is more information on your rights if you are detained or arrested -

    http://www.msba.org/departments/commpubl/publications/brochures/legalrights.htm

    The above link is a compilation by the Maryland Bar Association but it is pretty close to what you can do and what you can't.


    File a complaint over here - http://www.policeabuse.com/index.php?option=com_performs&formid=44 if you live in a small town/city. Its Free.

    BTW, this is a very popular technique to evict a neighbor who is not wanted around. :) But then again, I might be speculating about your living situation.

    I hope you did not commit an act of domestic violence.




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  • luckylavs
    09-25 02:47 PM
    Because there is little certainity about the Green card many people hesitating to buy houses. There is good chance that the housing market will definitly improve if the Green card waiting period decreases.



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  • a1b2c3
    12-04 08:30 PM
    Stay safe folks, be watchful and good luck.
    Don't give in to terrorism, they want to scare you more than kill you.




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  • ssharma
    04-27 01:36 PM
    Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :

    Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?

    A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
    Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html




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  • NolaIndian32
    09-22 10:30 AM
    I completely empathize with you - see my case details in signature :-(


    When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".




    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.




    glus
    06-28 04:47 PM
    O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp

    You are as stupid as what you wrote.



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