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  • newbie2020
    07-03 09:41 PM
    My LC applied in Feb 2008
    LC approved Apr 2008
    I-140 Applied May 2008

    My 6th yr H1B expires Dec 2008
    H1B Maxout Jan 2008

    I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?

    or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.





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  • Ramba
    12-14 12:19 AM
    One cannot challange the content of the INA. Immigration is a privilage not a right. US citizens/lawmakers decides who they or how many they want to allow per year through INA. One can not challange this. For example, before 1960, US allowed only europians not asians. Though, US immigration has a history of 200 years, Indians were not allowed before 1960 in EB catagories. One could not challange then. Tommorow if they amend the INA, by saying no asians allowed in EB catagories, one cannot challange that.

    One can challage only if any branch of government violates the law. One can not challange why the law do not have some other provision or why it has only 7%?. It was determiend by congress and signed by president. For example, in H1B, they have special quota for Singapore/Australian nationals. One can not question that. Now, Newzland citizes can not ask/sue, why australians and why not newzlanders in special quota? The same situation in GC system.

    There is no ethics/rights in immigration. For example, a janitor/unskilled worker can become citizen after 3 years of LPR(GC) status if his/her spouse is a US citizen and he/she got the GC thro US spouse FB sponsership. At the same time, if a nobel prize winner got GC through EB1 catagory, he/she has to wait 5 years to become citizen after LPR status. This is what the law says. So, this nobel prize winner can not sue the government why the INA is not favorable to him.





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  • pointlesswait
    09-23 06:30 PM
    there is a "right" time for everything..and now is not! thats all...


    You are right, in times like these immigrants should not be welcomed with open arms so its time for you to pack-up and leave. Visit this website when you reach home and let us know you reached safely... safe travels.





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  • amitga
    02-15 02:39 PM
    The counter argument to this statement is that when I was hired I was told that it would take 2-3 years to get the Green Card and then you can live in this country. I made certain investments, commitments in this country based on this fact. Now either I stay here as slave or loose on all those things that I did thinking that I will stay in this country forever or for next 10-15 yrs. Some of the problems that tied me to this country are :
    1) Buying a house
    2) Child education : Child cannot go back to home country and countinue education due to language of instruction.
    3) Immovable Investments like 401K and not investing in my own country e.g. PF in India.
    4) Making life insurances. I am too old to take a new life insurance as the premium will be too high and I cannot afford to pay my current life insurance as US as it would be difficult to them with my earnings in the home country.

    And the list can go on and on. There are the things that habe tied me and I am no longer free to leave. If would have know earlier that the GC will take 10 years I would have not bought a house, left US before my kid started school, might have took a life insurance in home country etc. In fact same argument prevails that why were the dates made current last July. That send a wrong message and people made more investments.

    Your above statement is true, but it doesn't apply to EB situation. A slave is not allowed to leave, you are allowed to leave time, at your free will. Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.



    Laws are pretty clear, its just that we are stuck in the process created by those laws and we want to call it "slavery".

    This debate will have a conclusive output if we think from our mind instead from our heart. No point in getting emotional about the situation, this debate needs pragmatic thinking and discussion about the possible lawsuit.

    Slavery is not a valid argument so no point in mentioning it. Also, whether of not we have a cause depends on the law and not on the logic or the emotional aspect of the debate.



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  • Legal
    07-21 04:19 PM
    http://www.dhs.gov/xlibrary/assets/s...PR_FR_2007.pdf

    Interesting information. Mexico's population 103 million is one tenth of India's population. Yet, consistently 2-3 times more GCs have been issued to Mexican citizens.This doesn't affect diversity!:rolleyes:





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  • gc_samba
    07-17 03:23 PM
    Dear Attorney,

    I was hoping you could help or answer this question.

    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B on full time basis.

    Is this ok will it come to haunt me when I file for citizenship?

    Thanks

    Dev.



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  • bobzibub
    04-04 10:14 AM
    As a Canuck:
    It is an honor that you folks choose my country to live in.
    Temporarily, or permanent, I hope it works out.
    Every country has its warts. (Mine has them too) but the immigrants to a country are what give it life.

    For the Doctors, check out some rural areas various provinces. I think they have programs that ease the regulatory burden.

    Welcome!
    -b





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  • gcretroiv
    10-23 01:00 PM
    I guess nobody answer this even they know. Probably everybody is angry on Labor substitution



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  • sledge_hammer
    01-14 02:52 PM
    I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone. Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".

    On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.

    Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.

    Aren't billing rates the reason why the Indian IT biggies decided to establish business consulting practices? They are offering to bring the same employee that a PWC or Accenture brings in, but at a lower rate to the client.
    The quality difference is also not huge (one lisps better in English and another doesn't); there's junk everywhere and these big IT companies also hire people at minimum H-1B wage to improve margins. Lot of times you get what you pay for.





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  • 485Mbe4001
    05-29 06:07 PM
    I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.

    Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
    Recapture has a precedent because it was approved by Clinton earlier.
    Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.

    On our own each one of us can do the following:
    a) Try to arrange a meeting with your congressman and senators
    b) write a letter to all members of the Judicary committee

    after that do whatever IV tells you to do

    can somebody summarise it and make a action plan



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  • reachinus
    07-31 01:09 PM
    Think you are too busy to answer my question. Anyway thanks for your time and reply atleat for 1 time.

    Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.

    Thanks for your time in advance.





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  • logiclife
    01-23 04:51 PM
    --thanks...edited my comments per your suggestion - logiclife



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  • bfadlia
    02-16 02:57 PM
    I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.

    For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.


    bestia, the people here keep saying "i don't see the reasoning in x, then x must be wrong and should change"
    u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
    again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
    peace.. have a soccer game now.. c u later





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  • gc_chahiye
    06-28 08:03 PM
    I am analyzing for EB-2 (India). The current date for EB-2 India was Apr 1 2004 for month of June.

    Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.

    Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.

    USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.

    USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.

    A similar analysis can be done for any other category. Correct me if my dates are wrong.


    but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?



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  • leoindiano
    08-16 06:06 PM
    guys,

    why are you behind balls? Someday, if someone reads these posts, one may think, SRK was frisked to see if he really got balls.....:):o:confused:





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  • ebizash
    07-27 02:18 PM
    I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.

    Good luck then!! I really hope that you get to go to Peter Island one day..

    By the way I realized while reading your reply that I had made a typo in my original message. The disclaimer claims that the average IBO makes $115 a YEAR not month.



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  • vjkypally
    09-23 05:41 PM
    Like I said earlier March is the real bottleneck for year 2005. More than 3000 applications.October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.

    But it could be September 2010 by the time it comes to March,2005.





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  • amitjoey
    01-13 12:24 PM
    Members: Please - refrain from fighting about EB3/EB2.

    IV is for everybody and IV has always tried to be balanced and fair to all categories. Please read the provisions that IV is asking for.

    The goal is for zero backlog -Then where is the question of EB3 lagging behind.

    IF we get what we are asking for- ie: recapture, not counting dependants and no country quota, then there wont be backlog in any of the categories.





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  • gc28262
    01-13 07:20 PM
    Here is why this memo has come up

    MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009

    The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.

    Further Guidance for USCIS Adjudicators is Coming
    Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.

    Of course these are just appetizers for H1B holders on Senator Grassley's menu.
    Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.





    gc28262
    06-12 08:10 AM
    Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)

    You are contradicting yourself in your arguments. One one side you say you are highly skilled on the other you say you are worried about depressing wages for citizens like YOU. If you were so competitive, why would you worry about competition.

    If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.

    http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1

    BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.

    Could unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.

    BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?

    You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.





    Jerrome
    05-11 05:21 PM
    It is easy to spit out numbers like this. Do you have independent proof of these? Please don't point us to LTTE run web sites. Provide hard proof if you can.

    As for "formerly superior Tamil competitiveness", I am sure what you refer to is, the fact that during the British period, the Tamils were given the lion's share (pardon my pun) of all the civil service and other administrative jobs as part of their divide and Rule policy. When SL gained independence of course, things changed so that formerly discriminated Sinhalese started getting their fair share of thse opportunities. Mind you that Sinhalese are after all 75% of SL. Are you saying it is fair to ask 12% of the population (SL Tamils) to have 50% of all the opportuniies and land and the resources reserved for them???

    Panini, This is the kind of opinion and mindset is causing the problem. Your reply tells more than the report i provided. I want to see singalese and tamils living peacefully and with equal rights in SL.

    I pray god everyday for that only. Every human being is same, Getting discriminated and discriminating people is so stone age mindset.



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