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  • EndlessWait
    07-13 12:12 PM
    This is something that's doable without legislation. It would be done for employment based visas.

    I've been reading the posts all day since yesterday. The most plausible "PERMANENT SOLUTION" has to be this. Please read the msg from IV

    1. No change in July bulletin
    2. No change in August bulletin
    3. Well in that case it has to be this. It would be least controversial.





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  • needhelp!
    09-20 07:43 PM
    Point noted. So we sang it for respect. So from what you say, it is possible for one to remain on green card forever? what are the advantages/disadvantages?

    Citizenship comes 5 years later, if one's interested (and may not be everyone's goal).

    Singing a country's national anthem is also different than taking the pledge of allegiance (the latter means you are pledging your loyalty to the United States):
    http://en.wikipedia.org/wiki/Pledge_of_Allegiance

    Having said that, excellent job Pankaj!! You had the crowds mesmerized!

    jazz





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  • Templarian
    03-19 09:55 AM
    And I'm sure being promised a cut of the winnings didn't hurt either. :P:shh: if it makes you feel better most of the cash goes to funding open source projects which take up most of my free time, but Sirisian did play with the helicopter I got.





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  • rbharol
    08-31 01:34 PM
    100% of the calls to today's program were from anti-H1B people. Not 1 call supported the H1Bs. If corporates are supporting more GCs for us, and since the fate of H1B/Employment GCs is linked, we ought to support H1B legislation.


    How can we get an advance notification of this recordings?? Seems the anti-immigrant forces have the inside tack
    here...

    Also, the C-SPAN commentator on H1B/immigration issues is frequntly Dena Bunis of the Orange County register. She said the corporate lobbies "have convinced congressman" there is a shortage...implying that there wasn't one. She needs to be contacted . Here contact info (202) 628-6381 or dbunis@ocregister.com

    Will it be a good idea to send Lance Kapman's testimony to her?



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  • bytegame
    06-13 05:48 PM
    Can a spouse of a person on Eb3 apply for EB2(if eligible) and then port his/her application with the EB3 PD for the family?

    I doubt you can do that. Labor and I-140 (stage when you port the PD) are person-specific and not for the 'family'.





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  • Mission_Impossible_IV
    05-24 01:35 PM
    I just sent mine. This is so easy and everyone else who have not sent it as yet, please do your bit.



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  • H1B-GC
    05-13 10:00 AM
    I would go with the prediction in the Jan 2010 Visa Bulletin:

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
    Employment Second:
    China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
    India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION

    If Section 202(a)(5)were to apply:
    China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006

    But you have to remember that it moved 10 Days for EB2-I in 9 Months in the Fiscal Year!!!





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  • ajju
    10-09 01:04 PM
    If I plan to use EAD instead of H1/H4... Do I still need to maintain I-94??

    This is a very valid question for spouses on H4 using EAD... When their H4 I-94 expires, they won't get a new I-94 unless travel outside country... This is little confusing.. May be we've some one with better knowledge about this issue...



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  • skd
    01-08 01:20 PM
    With a big questions mark on its cash position and a minimum outgo on salary estimated at Rs 500 crore a month, Satyam may lay off over 10,000 employees next month, says a recruitment firm.

    "It is most likely that Satyam will cut 10,000 jobs next month as the company is left with no cash to pay the salaries. The current fiasco is likely to put pressure on salaries, which may reduce by 10 per cent due to the surplus of about 20,000 people in the jobs market," Headhunters India CEO Kris Lakshmikanth said.

    Satyam interim CEO Ram Mynampati while admitting that the cash position is not encouraging, the company, however, has taken care of salary for December. Lakshmikanth said till Tuesday evening there were about 7,800 people from Satyam who had posted their resumes on job sites and by Wednesday afternoon, it has gone up to 14,000.

    The uncertainty about jobs is killingly painful for the 53,000 employees of Satyam, especially when the industry is going slow on recruitment. Further, possibility of a takeover too looks distant as the accounting fraud done by the company would make it difficult for any firm to evaluate its correct market value, which is compounding the worries of the employees.

    IT-BPO union Unites Professionals general secretary Karthik Shekhar said, "In case of any lay off at Satyam, we may take legal action." "We have received over 7,000 hits since the news break.

    On Wednesday, in one hour we have seen over 800 hits (no of people visiting the site) from Hyderabad. People have been enquiries on how the union can help them," Shekhar added.





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  • WithoutGCAmigo
    07-12 05:32 PM
    Sorry to hear about your case. Immediately call your Congressman's/Senator's immigration wing. They will help you. If not, try to call attorneys like Rajiv Khanna or Sheila Murthy or Shutterman. They will charge you for the call, but you may get some valuable ideas.

    Good luck. Hope it gets resolved soon.



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  • grupak
    03-06 06:49 PM
    I wrote in my old post "pay without leave"... I meant "leave without pay" ...:o





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  • speddi
    08-21 02:27 PM
    My checks got cashed yesterday. I filed at TSC and my 140 was approved at TSC..PD Aug 2006..my app reached tsc on july 2nd 10.23am(according to fedex)



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  • lazycis
    12-14 08:15 AM
    There is a clear guideline and it's written in the INA (Tiitle 8 USC 1153). You are correct that is goes from EB1-EB2-EB3 and that unused numbers are lost at the end:
    http://www.law.cornell.edu/uscode/html/uscode08/usc_sup_01_8_10_12_20_II_30_I.html

    (b) Preference allocation for employment-based immigrants
    Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
    (1) Priority workers
    Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
    (A) Aliens with extraordinary ability
    An alien is described in this subparagraph if�
    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
    (iii) the alien�s entry into the United States will substantially benefit prospectively the United States.
    (B) Outstanding professors and researchers
    An alien is described in this subparagraph if�
    (i) the alien is recognized internationally as outstanding in a specific academic area,
    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
    (iii) the alien seeks to enter the United States�
    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or
    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
    (C) Certain multinational executives and managers
    An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien�s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
    (B) Waiver of job offer
    (i) National interest waiver Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien�s services in the sciences, arts, professions, or business be sought by an employer in the United States.
    (ii) Physicians working in shortage areas or veterans facilities
    (I) In general The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if�
    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician�s work in such an area or at such facility was in the public interest.
    (II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154 (b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101 (a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
    (III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154 (a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
    (IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101 (a)(15)(J) of this title) before a visa can be issued to the alien under section 1154 (b) of this title or the status of the alien is adjusted to permanent resident under section 1255 of this title.
    (C) Determination of exceptional ability
    In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
    (3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    (i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
    (ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
    (iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
    (B) Limitation on other workers
    Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
    (C) Labor certification required
    An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182 (a)(5)(A) of this title.





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  • GCNirvana007
    09-18 01:17 AM
    Based on your request we researched the status of this case. We are actively processing this case.However, we have to perform additional review on this case and this caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below .....

    Looks like they have few set of replies and randomly selecting and sending those replied.

    Ask them the detail of so called additional review through your congressman and you cant miss this window and the crap they are doing. Contact your local rep asap.



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  • harrydr
    07-13 08:33 PM
    Saketkapur and sugaur what is your phone or contact info. I would like to speak with you to get more clarification. Also could you recommend any new forums discussing such topics??





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  • gotgc?
    12-19 09:17 PM
    I don't know much about Labor Subs to answer...what I did notice is that your lawyer is through company...not going to generalize, but with company lawyers you really should question them and not believe totally what they say....meaning do your own research too. Company lawyer's are interested in keeping employees longer at company and can sometimes push you to do things to cause that. I don't know why you can't have 2 I 140's. But withdrawing your first one would invalidate your 485/ead and depending on your priority date (which would be 2007/2008) and country of birth, you may not have a chance to apply for 485 for a long long time (meaning stuck in same job for long long time...). Again I don't know much about labor subs, my advice is to do your own reasearch, get answers, opinions, and not just take company's lawyers word on everything.

    You are right! This is our company lawyers. They are very bureaucratic and always says as per company policy...Here is their response that why they have to withdraw:

    "1. An I-140 is a statement the employer makes to the immigration service regarding what job the beneficiary will be performing. We filed an I-140 LC Sub petition on your behalf stating that you will be working in a XXXX position. We will not file another petition stating that you will be working in another position / occupation XXXX without withdrawing the first statement (I-140 LC Sub).

    2. If we file the I-140 based on the LC-PERM, we would interfile it into your pending AOS, so your AOS would be pending based on the pending I-140 (NOT the withdrawn LC Sub)."

    I know that their first point is all "BS"...am going to fight this with my Manager. But, the second point am not sure.

    Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.

    Thanks to you all in advance



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  • ajayabhichandani
    05-24 02:56 PM
    Done , send from NJ. Keep it up IV





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  • Iamthejuggler
    03-19 12:14 PM
    Stop trying to guilt people into voting for you! :P





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  • Valle
    10-26 04:36 PM
    :)

    Thanks Paskal, I fully understand now with the example of the Scarlett Letter. I need to get busy and get another waiver then. Maybe I wasnt very clear on my first post about my stauts. I had had only a first J1 from 2002 to 2005. I wanted to stay so I got a waiver that time, and I tried to get a H1B, but I couldnt get it due to expired documents that I could not get renew from my country so my H1B was denied. Now some years later I decide to come back and the only fast way to come was with another visa J1. So as you explained I need to get my case number and start my process all over again. ONce I get the waiver I will look for a new sponsor and star the H1B process all over again. I cant be very open about this because if my present sponsor realizes that I am doing waiver and everything else I may loose my J1 because I signed a contrat to work for them for 3 years and then go back home. I think it is very unfair, but that is how things work around here.

    Thanks so much for your advice. Good luck to everyone in this same boat!





    vikki76
    11-30 02:16 PM
    Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)

    It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.

    I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!

    Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!

    Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!

    Many congratulations..enjoy your freedom and don't forget IV ! :-)





    gcformeornot
    01-09 02:15 PM
    http://www.bloomberg.com/apps/news?pid=20601087&sid=aJ3Az1Gk7TXI&refer=home



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