Wednesday, June 29, 2011

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  • raydhan
    04-30 11:16 AM
    rags,
    Do you have the Bill Number by any chance so that we can look it up on the Thomas Library and see the contents?

    Thanks. Good luck to us all.




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  • vbkris77
    07-19 10:49 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.

    Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.




    INA Sec 203

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) 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, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    (B) (i) 1/ 1a/ 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) (I) 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.


    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)




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  • jfredr
    07-04 11:36 PM
    my 485 also reached Nebraska on July 2nd at 9:01 am
    by FEDEX.

    Is my boat Sinking or floating




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  • gccovet
    02-10 02:53 PM
    Hi GCCovet,

    As promised, I am contributing another $25.00 as $1000.00 has crossed.

    I will again donate another $25 when we cross $2000.00

    Details:
    --------

    Payment Sent (Unique Transaction ID #3LK7417540480844L)
    Total:$25.00 USD
    Date:Feb. 10, 2009
    Time:11:23:38 PST
    Status:Completed
    Subject:Immigration Voice
    Method: PayPal



    Thank you Sanjay!!!

    With Sanjay's additional contribution as promised, we are now at $1169.00

    Thank you to all who have contributed so far... and a request to those who have not contributed yet, to please contribute.

    Thank you all.

    GCCovet



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  • desi3933
    07-10 02:49 PM
    I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking).
    ......

    Look at the I-140 application (Page 2, Part 6, Question 5)
    http://www.uscis.gov/files/form/i-140.pdf

    I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"

    Did your attorney put No for this question for your I-140 app?

    .




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  • ThinkTwice
    07-11 04:43 PM
    I have mailed you the information.

    Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com.

    - Sampath Gadamsetty



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  • desi3933
    07-08 01:20 PM
    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.

    Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.

    And, employers know this very well and try to use to their advantage.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponsor.

    >> have 2 years of experience or so, think that they have certain skills and employers would not live without them
    You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.

    Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.

    Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.

    You are right. These are the rules set by current EB immigration system.

    With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.

    How many times we see any green card holder or citizen supporting fellow immigrants?

    H1 does not care for F1.
    EAD does not care for H1/F1.
    GC holder does not care for EAD/H1/F1
    Citizens wonder why immigration level is so high.

    Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.

    .




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  • Googler
    07-07 08:19 PM
    On CNBC:

    http://www.cnbc.com/id/19634804/site/14081545/page/2/

    BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?

    Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.

    BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?

    Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.


    Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.

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

    Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.



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  • sum12345
    08-28 02:28 PM
    what happened to it. No updates :mad::mad::mad:




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  • Cheran
    11-21 06:10 AM
    I am sitting here in front of my laptop for 10 minutes, still I don't know what to say.
    I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
    I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.

    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul



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  • sanjeev
    06-22 01:50 PM
    A Employment letter is mandatory for I-485, the letter has to state that the job position is still available. Refer the below link from USCIS website

    http://www.uscis.gov/propub/DocView/afmid/dat/I_485.PDF

    Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.

    If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.

    Thanks,
    Jayant

    P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!




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  • zxc1251
    02-03 02:46 PM
    Just curious...WHAT CULTURE R U TALKING ABOUT?

    1. 2G scam --- Our culture
    2. CWG scam --- Our culture
    3. Adarsh Housing society scam --- Our culture
    4. Land acquisition in states like K'taka and Andhra --- Our culture
    5. Gang rapes in Delhi --- Our culture
    6. IPL scams --- Our culture
    7. Not allowed to hoist our flag in our own country (Kashmir) --- Our culture
    8. Chinese can claim Arunachal and issue stapled visas - its OK. Pakis violate ceasefire - Not OK --- Our culture
    9. North Indians treated as aliens in Mumbai --- Our culture
    10. Hordes of muslims killed in Gujarat --- Our culture
    11. Celebrities like Salman, Sanjay Dutt can kill ppl on road, possess AK 47s and still get away with it --- Our culture
    12. Mining scam in K'taka and Andhra --- Our culture

    The list is never ending brother...CHEATING PPL OF THEIR HARD EARNED TAX MONEY IS THE CHEATERS' CULTURE and GETTING CHEATED BY SUCH CHEATERS IS THE COMMON MAN's CULTURE.

    Ofcourse, there's corruption and sickos everywhere. But relatively what is better??? When u have an option what do u want to embrace???
    Just speaking 100 languages and celebrating 100 festivals and females not mingling with males thus keeping away from social life etc...is not culture. Ur every day news is culture as well. Wake up to reality and make the choice when u have the liberty to make it.

    All said, its ur choice end of the day. Weighing b/w the good and bad and if ur tax money is put to good use or what? I think the writing on the wall is clear and can easily make out the differences b/w white and black. But again thats just me. 5 fingers are not the same.

    I think you got culture and problems mixed up......

    What you have listed are problems our country is facing right now.....

    While speaking 100 languages, celebrating 100 festivals and learning same values that we, our parents and their parents believed in is really a culture......



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  • reddymjm
    05-05 04:24 PM
    The guy Affirmatively said "It will be June 2002" and gave me red because the dates i gave were behind , Ithought it was funny because we are all playing the prediction game.....

    I am thinking if I should i start a game to predict the dates, and who ever gets closest date will get few greens..... ;)
    :D

    What is ur PD? My prediction is by end of 2008 EB3 will touch 2003.




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  • EB3_SEP04
    08-27 10:34 AM
    We have been waiting for more than 100 days. We applied exactly 120 days before our current EAD was going to expire. When I called USCIS (after 90 days) , Customer Service told that that don�t have our finger prints in file. I never got any notice and my lawyer said they don�t need finger prints for paper filed application and they should use I485 finger prints. So I took the infopass appointment. IO was nice and he was willing to listen. He said the same thing (missing finger prints). I showed him the fingerprint receipts from last year and also showed the USCIS memo talking about interim EAD. He said no to interim EAD. But called Texas Service Center right then. Person on the other end offered to call back in 5 minutes and he did. IO came back and told us that there was some thing wrong at their end and they will port my finger print information from 485 to EAD application. But he said it would take 10 � 15 business days more. Our current EAD were expiring soon and I called congresswoman�s office next day. Got the approval email yesterday evening. Don�t know what worked. But what a huge relief.

    EB-3-India (March 2003)
    Labor Approved: Oct 2006
    I-140 approved � Jan 2007
    I-485 applied � June 2007
    EAD (Renewal) applied � May first week 2008
    Called USCIS and Opened SR � August first week
    Infopass at local uscis office: Aug 20th
    Called Congress Woman�s office: Aug 21 st
    EAD Approval email: Aug 25

    Does this mean, if someone has never done FP for 485, will need to do it now for EAD even if it is paper based?



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  • glus
    09-03 08:33 AM
    I765 (EB3) Renewal
    TSC USCIS Receipt Date 07/08/2008
    Card Production Ordered Date: 09/02/2008.

    There was no LUDs all the way and they did not ask me to do FPs. FPs were done in 10/2007 for I485.




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  • sanjeev_2004
    10-09 12:26 PM
    how about based on salary?

    everybody maximize their own utility.

    do you include bonus in salary or not? i want to understand more clearly.



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  • pani_6
    08-18 01:48 PM
    DO NOT post such baseless allegations.

    IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.

    Curious Techie..Core is you and me and dont post such things..but for the core EB-2 would not have been in a postion that it is today..they worked to get this done...you can request them in thier next meeting to bring this issue with USCIS\




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  • felix31
    04-30 11:55 AM
    And has a lot of backing from the hi-tech industry.

    Also, this bill (as per my understanding) does not have to do anything with the illegal aliens and so should not rankle anyone. Also since Cornyn is the author, other conservatives (hopefully) will not have many issues with it and not many will argue about a bill that has to do with American Competitiveness.

    good news...

    when will the debate start in the senate?




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  • gg10004
    07-09 06:25 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD



    Message from USCIS Director Emilio Gonzalez

    I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    +++++++++++++




    jungalee43
    11-19 04:00 PM
    I called senator's offices. One senator's voice mail box is full. I will call them again Monday. Another senator's office directed me to their Atlanta office. Here they handle individual cases only. So the staffer said their is no point in my driving there and meeting them in person. But the staffer gave me his direct e-mail id and asked me to mail him the issues, views, suggestions etc. He assured me that he would forward it to DC office and would make certain that someone calls me from the DC office and hears my views.
    I am going to send him detailed mail tonight. Any suggestions? I will keep following up with another senator too.
    There is no use however talking to our House Rep. though.




    Rohan99
    09-25 09:37 PM
    yes, it reached at 9.03am and was received by R.William

    Can you let us know if they respected your RN july 3rd?



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