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  • chiecoli
    02-13 07:54 PM
    factory man dont talk non-sense!!!!!! what is the goal your trying to achive!!!!! will you get anything????? tell us! if we suceed in preventing the release of 90,000 visa for scheduled A (nurses and PT. do you think they would allocate these visa for H1B... i dont think so factory man.

    factory man just always look at both sides of the coin.


    HLG is also firmly committed to EB relief for other classes -- such as the reform pushed by the SKIL Bill proponents, AILA, immigrationvoice, and other like minded groups � and is actively lobbying for those reforms as well. Our experience in advocacy is that the worst thing that can happen is that like minded groups pull others down. We've never talked to a Congressional staffer who believes that there is a "zero-sum" of immigrant visas. Our opinion is that we should all work together to help all visa classes, and that no one who wants EB visa reform should lobby against, say, a Schedule A carve-out.

    Those commentors in favor of immigration reform should also recognize that a Schedule A carve-out helps ALL EB visa applicants by taking visas out of the general EB3 visa classification. In other words, every EB3 applicant moves that much closer to the end of retrogression.



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  • rajuram
    06-13 10:46 PM
    Read the visa bulletin fine print carefully.

    C = Can not file
    U = Take a U turn and go back home

    So guys no one can file 485.




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  • waitnwatch
    06-09 01:27 AM
    All,

    I have been a passive follower on IV for few weeks now. I read the news clippings that people had posted where there was some Gautam Aggarwal who felt the point system was good. I see a press release from him that I saw floating around some mailing list.

    Quite honestly even though lots of us disagree with him, he does make a very valid point. IV should consider clubbing US educated people such that 2 separate quotas can be created. Instead of banishing him as an elitist look at his point he is making by just marketing how the country is using the educated. Using a well respected university name is no different than talking about how we legals pay taxes etc. Just because we are educated and better of that the illegals as an argument is no less than elitism in that sense. I happened to go through gautamagg's post after the Guitrezz rally - read his message again sans tone. He makes a point. This CIR bill could have been good for us if we approached it positively looking at US educated people as a group too. Also his statement on the AP report about MPS being good is not totally incorrect in an environment where both EB and MPS may exist - if we can get that i.e. EB and MPS keeps both sides happy and we should fight for that. I emailed gautamagg and he did mention that the AP report cut out that part of his statement and told me to verify that with the reporter if I wished to. I think we guys need to be less passionate before we throw stones at others. IV is definitely doing a great job but people should share opinions openly on strategy - we are all humans and we may have missed an important aspect at IV - most IV folks seem to be non-US educated consultants and therefore disagree with Gautam. We really are 2 diff groups who want the same result with better partnership. My 2 cents. His press release:

    For Immediate Press Release: May 28, 2007

    “Grand Bargain” Immigration Bill creates issues for International Students in Economics, Finance and Business

    Mountain View, CA – May 28, 2007 – The US Senate is actively debating the proposed “Bi-partisan Grand Bargain” Immigration Reform bill. While the bill does have many provisions to attract educated people from outside the US, it also creates restrictions for people with an economics/ finance background.

    One of the proposals is to introduce an additional visa category for people coming to the US for graduate study. Though the proposed F-4 visa category is welcome by the international students’ community, it is unfavorable for people with a non-technical background or for people with a technical background who would like to gain additional skills outside of technology to be successful entrepreneurs. The proposed category, called the F-4 students visa, allows international students two major provisions that the existing student visa, the F-1, is restrictive in:

    1. F-4 students do not have to prove a non-immigration intent. Unlike F-1 visa applicants, students coming on an F-4 visa will have the ability to have a “dual intent” at the time of applying for their visa, while entering the Unites States, or while maintaining their F-4 status in the US. Such students can have a pending Green Card (GC) application or can apply for one while on F-4 status. This is in contrast to the existing F-1 category in which a previous or current intent to immigrate to the United States negatively impacts a persons ability to obtain an F-1 visa.

    2. Under the F-4 visa, instead of 12-months the students will have up to 24-months of Optional Practical Training (OPT) available after graduation. The larger time window will help students evaluate employment options while staying agnostic of visa issues.

    The bill restricts the F-4 visa to people who would attend advanced degrees in the fields of Science, Technology, Engineering, and Mathematics (STEM). Such limitation to STEM alone would negatively impact the inflow of international students to other graduate programs such as Finance, Economics, and Business. In today’s dynamic global economies, technology and business work together. Over a third of the MBA class in top US schools such as Wharton, Stanford, Harvard, and Cornell comes from a technology background. Restricting these provisions to STEM degrees alone will result in a severe shortage of highly skilled international students coming to the US for an MBA due to an advantage the STEM degree holders will have over them. This will impede the abilities of many “technologists” to obtain business and finance education and will reverse the positive trend in places such as the Silicon Valley where many engineers turn into successful entrepreneurs creating wealth and job opportunities for many Americans and add to America’s competitive edge.

    While the Senate has shown foresight by introducing the F-4 visa that helps in retaining people with advanced education from the US, it remains a very myopic solution to the problem it intends to address. Next week, the Senate comes back from recess to discuss amendments to this bill, this press release appeals to the Senate to consider enhancing the provisions of the F-4 as well.

    Note: Hundreds of people are affected by this already. With a Masters in Computer Science from Cornell University, 7-years of technology experience in the Silicon Valley, and after paying over $ 150,000 in taxes, Gautam, issuer of this Press release, may be unable to join his MBA class at The Wharton School this year. Because he had once started his Green Card process and established an “intent to immigrate”, it is difficult for him to reverse the process and obtain a students visa. Over 3-4 years of processing wait times has resulted in many people such as him to give-up their applications in lieu of additional education. But, their past intent looms over their very uncertain future: 22 of them have connected with each other and pray that their Indian Gods stay happy with them on the day of their student-visa interviews in India and that reason and common sense prevail.

    ###

    Contact:
    Gautam Aggarwal
    gautam.aggarwal@gmail.com

    I would beg to differ on the issue of a Merit Based System being good for us and I have a US Ph.D in a STEM field with over 5 years of post degree experience.

    I have calculated that a Masters in Computer Science with 5 years experience will get more points than a Ph.D in say Civil Engineering because of two reasons (1) Computer Science is a high demand field and Civil Engineering is not. (2) A Ph.D may take around 6-7 years to get and by the time this Ph.D gets 5 years experience he may be touching 40 and not even getting the points allotted to those under 40.

    If you are a professor in Civil Engineering from India or China and even have tenure there is a big chance that you would not get a green card given that there will be a 10% country limit.

    Wouldn't you think that such a system would be seriously flawed or do you think that Gautam is correct I am myopic.

    IV may have a predominance of non US bachelors in its membership but most of its core have US degrees. So if you look at what IV backs you would find that even though they cannot fit in every individuals tailored requirements they very well realize what is for the greater good.




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  • spicy_guy
    05-31 03:10 PM
    I think we reached 10K. But we need to bump it up further.
    Please help by posting it on other Immigration forums. We need to make this event a great success.



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  • Legal
    07-10 04:43 PM
    Isn't this old news? has been around for a while???




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  • kalyan
    06-20 10:54 AM
    With LC substitution Going away and 45 days between LC and I-140 and people able to apply in July for i-485 , with in next 3 months, INS will have a good knowledge how many are pending and how many years it will take .

    Poeple should be able to get EAD and enjoy their time.

    More H4's armed with EAD will enter the job market, Guess, more Testers, Java, .net developers driving the billing rates down and too much of unexpected mess

    Get ready



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  • HariDod
    07-20 01:48 PM
    Hello,

    We are on same boat too.Looking for options to file I-485 without receipt number.Our lawyer insisted that we can not file I-485 without receipt number.

    We spoke with employer to let us know if they can see cancelled checks online.People who have applied in early july ,can you please let us know how many days it took to get the checks..

    Just hoping to get the receipt number ..




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  • nrakkati
    03-20 08:36 PM
    you never worked for X and has been working w/o break with #2 ... u said, I believe.

    Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.

    If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.




    Yes. Your assumption
    "you never worked for X and has been working w/o break with #2 ... u said, I believe"
    is correct.

    Only thing that I want to point out is - Employer X sponsored my H1B (i do not know it is new H1 or transferred), but never moved from current Employer. Maintained valid status with current employer.

    When it comes to immigration stuff, I would not do any 'wrong doing' intentionally, not even as a last option.

    Not sure if I crossed the line here (obviously unknowingly) by having H1B with 'employer x' , but I was told it's all legal.

    Thanks for your input.



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  • vin
    09-21 07:07 PM
    This question is not to undermine the effort, which was tremendous but just from a realistic point of view...

    I'm just curious to know how long it will take (or rather how long we are prepared to wait) for the impact of this rally to be felt and what are the changes that can be expected from USCIS as a result ?

    Say, after waiting for a few months, status quo continues, what further actions are planned to persist with IV's cause (i.e. more rallies or by other means) ?

    If the same question has been already raised, please ignore.

    Thanks.




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  • Almond
    07-05 11:04 AM
    Guys, temper your expectations. Cust Service Rep at USCIS are not trained to answer the questions that pertain to things like visa bulletin's effective date and whether or not they will accept the ones or reject the ones on July 2.

    Cust Service Rep is for general information for those who cant or wont use the USCIS website and other sources of information on the internet. Or for those who dont speak English.

    Cust Service is not intended to provide complex answers. Last I heard, even the Vermont service center folks didnt know about bulletin revision and they were turning down 3-year extension requests for H1 visas thinking that the bulletin is current until confronted by lawyers who said that bulletin is unavailable and now there is reason to give out 3 year extensions instead of 1 year extensions.

    If Vermont service center was unaware of visa bulletin revision, then what do you expect from a Cust Service Rep who is trained to answer questions that cover information that can be fit in 20 pages ??????

    Well, I'd like to hear one say 'we don't know, please keep checking for updates on our website or check back later with us".

    Anyways, is there a number for the Nebraska center specifically or is the general USCIS number the only one that we can call for information?



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  • needhelp!
    02-07 04:20 PM
    Will you give three hours over the next three weeks? Thats what it takes to collect a few letters to help your cause.




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  • hydboy77
    02-14 06:03 PM
    I hear some people saying childish things like hijacking this thread if anybody says anything different from what they say. What do you prefer, should I open another thread with title "oppose prefiling AOS", nobody wins neither will I or you when somebody does that. Please tolerate others views then they will tolerate yours.

    Without strengthening AC21 if you allow everyone to file AOS then anti eb folks like Grassley, Sanders, Sessions, Durbin will move from targeting H1b to targeting EAD. It takes 6 months to get Perm approval, with pre filing AOS everyone can get EAD in 6 months, anti eb folks and USCIS know that people will be jumping to EAD to escape H1 crackdown, what do you think they will do, they will add amendments and Bills to put restrictions on hiring EAD just like they put restrictions on hiring H1b. We cannot make EAD into another H1b like hell.

    Prefiling should be done to give relief to people who missed July fiasco only after
    1. Remove\dilute same similar job requirement
    2. Make sure EAD is extended without any rfe. USCIS will invent thousand things to issue rfe, EAD should be in a different league to h1 and it should not turn into another h1 where you are slapped with rfe left right and center. Example Pay stub rfe, ability to pay rfe, customer Purchase order RFE etc etc etc, Green card holders don’t have any problem working in these same jobs so why should EAD people face this nonsense (otherwise it is just like h1). Before people complain this will become like a green card, lets me answer in advance, if a person from ROW can get his green card within 12 months of coming to US, why cannot people from India\china who have worked in US for the last 5 to 10 years get the above mentioned relief on EAD. EAD should be superior to h1.the only restriction should be you should work in the same field, i.e. if your labor certification is for Software engineer, programmer analyst etc , then you work in a software related job and cannot become a greeter in walmart :-)

    Without strengthening EAD\AC21 with the above mentioned items you are turning EAD into just another h1.If we push for prefiling AOS without strengthening Ac21 it is a big disadvantage and slap on the face for all the people with older priority date. Because of July fiasco when everybody got current and filed for AOS, USCIS issued GC to people from 2006 leaving behind people from 2003, 04 and 05. USCIS should have gradually moved the dates from 2003 to 04 to 05 that way people with older PD would have got it first. With prefiling AOS it will become a lottery like in August 2008 where 2006 PD got GC over 03,04 and 05 in eb2. Safeguards have to be put in place for order of priority date otherwise USCIS will indulge in this lottery mode and excuse there behavior by claiming they did this to save visa wastage.



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  • tissac
    10-09 05:17 PM
    If you can avoid this guy

    Alan J. Stopek
    Address: 217 Broadway
    New York, NY 10007-2909

    - Not Responsive
    - Made mistakes and was not willing to admit that.

    Regards,
    tissac




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  • Totoro
    05-03 05:07 PM
    Hi Totoro,

    please be so kind and explain me what exactly shall I say to the SSN Office about why I apply for SSN non-work. If they ask me to proof that I need a SSN to get Economic Stimulus Payment, what shell I do??
    How is posible to get a SSN non-work to get Economic Stimulus Payment if you didn't work. How can you make tax return without to work. ?? Sorry for all this question but I really don't understand. But i'm shure that you will be very nice and you will explain me how it's work.

    Thank you,

    lelica

    As long as you qualify for the stimulus payment, you can get a non-work SSN. You qualify as long as you are in the income levels specified, were a resident of the US in 2007 (substantial presence), and were in the US legally (have a valid visa). If you did not file a tax return, then you cannot apply for the SSN.

    As far as the Social Security Act is concerned, the law states that they MUST give you a SSN if you qualify for any federally funded benefit. The question is: Is the Economic Stimulus Payment a federal funded benefit. The information in my original post makes a very strong case that it is.

    Please post your experiences here, even if you are denied. Remember, the folks in the local SSA offices are bureaucrats, not lawyers, or judges, so don't expect much cooperation. However, if they deny you application, simply write them a short letter saying that you disagree and that you are requesting a "reconsideration."



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  • krishnam70
    03-23 08:02 PM
    As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.

    According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.

    in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law.

    For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.

    Hope this helps!:)

    BTW there is nothing like H1 Transfer as I learned, when you file your H1 with another employer its equivalent to a new H1 only thing is it will not count in the current year's quota.

    You are good if you maintained valid status and have the documents to prove, not working for employer X with an approved petition is ok if you maintained your valid status with your current employer.

    Get a good letter drafted by your attorney and it should be straightforward. Your attorney should have told you that.

    - cheers
    kris




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  • theperm
    07-17 05:36 PM
    I don`t mean to run down morales but I for sure am truly disappointed , am tired of wishing they would do this & they would do that.It`s a cruel joke.



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  • mihird
    07-28 05:16 PM
    Consider my case:

    Myself: MS In Electrical Engineering - Been on a H1-B sponsored job with Fortune 100 companies for the last 6 years.

    Spouse: MD Medicine - Initially on H4 for 2 years, now on a H1-B sponsored residency with a prominent healthcare institution.

    I fully agree, H4s should prove their worth, and that is why I never ever let the feeling settle in my spouse's mind, that, that GC was going to just drop from the sky one day for her...

    In short, both of us have proved their worth and are on H1s.

    Here's where the unfairness of the H4 system kicks in for us. The time spent on the H4 is counted towards the initial 6 year period. By the time she would be done with her residency, she would have exhausted most of that 6 year time. LC cannot be filed for resident doctors, while they are residents.

    Result: When she becomes a doctor, her time has run out - technically she needs to be out of USA for 1 year, before considering a re-entry (unfair by all means).

    Only solution to this problem:

    1. Either the laws change to decouple H4 time with H1 (which I think, is the biggest unfairness of the H4 visa, especially due to the retrogression wait times)
    2. I get to file I-485, which I currently cannot because of retrogression. I have an approved LC & I-140 with a PD of early 06. If retrogression gets worse, who knows, even EB2 could retorgress to more than 3 years...




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  • LostInGCProcess
    08-20 11:44 PM
    Thank you all very much. Truly appreciate for providing all the necessary web links. Definitely I'd take the extra effort to complain to the Gov. of India and also start knocking on the doors.

    Thanks to you all once again.

    By the way, I was referring to Embassy of India, Washington DC.




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  • santb1975
    04-28 10:54 PM
    Can we assume your contribution was 100$??

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    Nil
    02-09 07:57 PM
    I agree with most of your post, but to state that 5yrs of wait is not a catastrophic delay - you have to be really very patient, and frankly unimaginitive to know what you can do with your green card.

    Going forward, only people hit with retrogression will wait for 5-7 years. And if you look at the percentage of people getting a green card, a large number of them will get it in a couple of years, while the rest of us will suffer the nonsensical country cap.

    Companies hire individuals not only because they can get the job done, but also because they see that the individual will evolve in his/her role going forward. Which company will continue to keep you in the same position for 5 years, doing the same thing day after day? You have to be just dumb enough not to get promoted and with zero ambition to succeed.

    Understand that we are stuck. This is not what we want.

    There are companies that do not want you to evolve and despite your abilities keep you stuck in EB3: that way they get more out of you, unless you decide to quit and take further risks.




    authrd
    09-22 10:41 AM
    Irrespective of whether or not cheapass desi sw consulting companies have spoilt it for the rest of us, the point here is that making us wait for an unreasonably long time is something we ought to question..which is what I believe IV is doing

    I dont mind if the congress passes a bill and says it's going to take 6 yrs for a person to get his GC..its the uncertainty around retrogression thats bugging me. If I know it's going to take 6 or 8 or 10 yrs, i'd gladly look elsewhere..perhaps even go back to my home country.



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