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mallu
02-22 07:17 PM
Following advice of 'Googler' i skimmed through the USCIS OMbud's report. So USCIS is not able to accurately 'count' the cases because old cases at local offices are not accounted in system (?) . Otherwise it would have been a quick data base query to obtain whatever statistics.

And i was interested in knowing how many India EB2 pending till Oct.2002 ;-)





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ratiwari
07-24 01:14 PM
As far as I know my attorney wanted employment letter only for those whose I-140 approval did not come .With I-140 approved you don't need employment letter. I-140 deals basically with the status of employer.





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nomi
12-13 08:38 AM
Whats the advice on this from core group?
can we start mass web faxing USCIS for rule change?



Now we are talking....first we need green signal from Core Team and request them to make fax for USCIS. Once we have fax, then we will fax this latter to USCIS same day. I hope once 6000 member fax this letter to USCIS same day then we will see some action from them too and we will be in media.

I will also say that Core Team should sell this fax to its member for $10. If everymember pay $10 for this letter and if we are 6000 then it will be $ 60,000 for IV which will be very nice funds for IV.

All we want from USCIS that allow us to file I-485 or allow us to file EAD or AP so we can have some freedom of travel and job change and it will also help USCIS to start name check ahead of time and that will also cut their processing time to process I-485.

what do you guys think ??


thx.

Nomi





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pointlesswait
02-04 10:31 AM
some jack left me a message calling me ignorant.

ppl here are discussing his topic to death.. abt changing the per country quota.
No one here wants to even ponder that.. immigration into US is a not a random act.

The policy makers and thinkers may have spent many sleepless nights to arrive at the thought of giving every global citizen an equal opportunity to migrate to this "land of opportunity".

So even an attempt to remove per country quota is absurd and retarded thought.

Be practical and make more realistic suggestions..

a.) IF someone has been inthis country for 10 years ..F1->H1, he shoudl qualify for EAD (no constrains) , until the visa number become avaliable.

b.) Allow for simultaneous 140-485 filing..


so if peeps here think that i am ignorant for saying that attempt to remove country quota is a non-starter.. think again.. DF's



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va_dude
03-19 08:44 AM
Guys... can we drop the whole discussion about this guy's name.

It is no advisable to discuss such topics in public forums on the internet. These keywords attract unwarranted attention.





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tinamatthew
07-23 12:14 AM
I came to US through CompanyA on L1A Visa 4 months back. My L1A Visa is valid till Mar-09. I had applied for the H1B Visa when I was in India. I got the H1B Visa and now has a valid petition effective Oct-07.
I would like to know the following.
Can I join the Company B from Company A without going back to India after Oct-07?Shouldn't be a problem, but I need some clarifying

Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B

Please clarify



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nk2006
02-19 03:07 PM
I dont think this bill will survive in house - any bill with a set number of years residence as the only condition will raise the cries of amnesty and can get killed. In the current economic conditions, not sure if Obama administration will take any agressive steps to fix immigration issue - unfortunately they have far more urgent issues at hand. A bipartisan support could have made it possible but any bill which can be interpreted as 'amnesty' will sure raise emotions.

Having said that - it seems useful (irrespective of if illegals will also get benefited or only legals get benefits) for us - any bill that can potentially take thousands of people from the waiting list can also benefit people with <5 years anyways - so it should benefit everyone. Hell....even if there is a bill that grants greencards after 10 years of legal residence - I am sure it will ease the retrogession a lot (from all the stories in IV, I am sure there are quite a few still waiting after 10 years of legal residence). Whether such bill can be passed in the near future (in 2009) is another matter and I highly doubt it.





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belmontboy
03-21 04:48 PM
There is no requirement for any company to sponsor green cards for any employee. A job is granted to you based on requirement of the company. Once that requirement no longer exists, the company can (and should) lay off the employee. This applies to H1 extensions and filing of GC.
GC filing is completely based on the company needing your service. Unless you totally excel and become indispensible to the company, they do not need to keep you. This is unlike a secure Govt. job in most 3rd world countries.
The conclusion is that this list would include ALL COMPANIES IN THE WORLD (and some Govts jobs). However, the list is not of rogue companies but simply companies that are run well.

Speaking generally, companies have no requirement to provide other benefits like health insurance, 401k, options...etc. But why do most companies offer these? - They do so to attract top talent. That's how a company distinguishes itself from its competitors.

Applying for GC has become one of the incentives.

A company offering GC incentive during hiring, but withholding it, would amount to unethical practice. And is certainly bound to lose its top talents (specifically immigrant ones)



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rock
06-23 10:25 AM
For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.
Yes, you can continue to file and use AD and AP while dates retrogressed. Thanks Volemar for the reply. Do you have any official link for both these answers? I just want to apply EAD along with I-140 and I-485. I will not use EAD until the I-140 is approved. Every time I talk to my employer and attorney, they always ask me about the proof in form of any official uscis link for any damn thing.
Any help would be highly appreciated.





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ak27
02-02 09:51 AM
Hello Everyone,
Many thanx to Varsha, Sanjay and all others. I am uploaded the updated flyers. As we have discussed over concall last week, we shall be meeting at Bridgewater Temple...

AK27



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vagish
04-04 11:21 AM
I don't think this bill would be of any consequence to the goal of IV unless they can maybe attach some GC-relief provisions to it.

In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.

I think it is true coporate america will not allow it to go through, but it is also true that any bill faverable to the H1B and or GC will also have the same death
as this one , do not underestimate the anti - immigration and unions clout
on democrats, if corporate america wants H1B increase it will come at a price,
more no free rides for corporate america as well.

that is the reason why we see stalemate for any kind of immigration bill, neither side is able to push anything.

thanks





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rajuseattle
07-14 07:14 PM
ajthakur,

U r covered under AC-21 if I-140 is not revoked by your previous employer.

Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.

Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.

Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.

RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.

Bottomline you need a competent attorney for answering this RFE and invoking AC-21.



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ash123
02-13 02:09 PM
Can someone tell me how to close this thread.





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Jaime
09-11 03:54 PM
For the first time in its history, the U.S. faces the prospect of a reverse brain drain. New research by my team at the Pratt School of Engineering at Duke University shows that more than 1 million highly skilled professionals such as engineers, scientists, doctors, researchers, and their families are in line for a yearly allotment of only around 120,000 permanent-resident visas for employment-based principals and their families in the three main employment visa categories (EB-1, EB-2, and EB-3). These individuals entered the country legally to study or to work. They contributed to U.S. economic growth and global competitiveness. Now we've set the stage for them to return to countries such as India and China, where the economies are booming and their skills are in great demand. U.S. businesses large and small stand to lose critical talent, and workers who have gained valuable experience and knowledge of American industry may become potential competitors.

The problem is simple. There aren't enough permanent-resident visas available each year for skilled workers and their families. And there is a limit of fewer than 10,000 visas that can be issued to immigrants from any single country. So countries with the largest populations such as India and China are allocated the same number of visas as Iceland and Mongolia.

Visa Delays Deprive U.S. of Talent The result is that wait times for employment visas currently stretch from four to six years for immigrants from countries such as India and China, and all indications are that these delays will get longer. Based on a 2003 study of new legal immigrants to the U.S. called the New Immigrant Survey, we estimate that in 2003, about 1 in 3 professionals who had been through the immigration process either planned to leave the U.S. or were uncertain about remaining. Media reports and other anecdotal evidence indicate that many skilled workers have indeed begun to return home.

Much of the current public debate on immigration centers on concerns over low-skilled immigrants entering the U.S. illegally. We do need to develop fair policies to deal with this problem. But skilled immigrants who enter the U.S. legally are a different issue. Professor Richard Devon of Pennsylvania State University estimates that in the U.S. about $200,000 is invested in a child by the time they gain a bachelor's degree in engineering. That means that the U.S. gains billions of dollars in benefit from educated professionals who leave other countries to come here. And we lose billions when they return home. Additionally, we end up training highly skilled workers in our markets, technology, and way of doing business.

Consider this: Earlier research by my team found that more than half of the engineering and technology companies started in Silicon Valley and a quarter of those started nationwide from 1995 to 2006 had immigrant founders. These companies employed 450,000 workers and generated $52 billion in revenue in 2006. Their founders tended to be very highly educated in science, technology, math, and engineering-related disciplines, with 96% of them holding bachelor's degrees and 75% holding master's degrees or PhDs (see BusinessWeek.com, 6/11/07, "Immigrants: Key U.S. Business Founders").

Patents: Evidence of Entrepreneurial Activity We also uncovered some puzzling data on patent filings. When we analyzed the international patent database maintained by the World Intellectual Property Organization (WIPO), we found that 1 in every 4 patent applications from the U.S. in 2006 listed a foreign national residing in the U.S. as an inventor. This number had increased threefold over an eight-year period and didn't take into account inventors who had become U.S. citizens before applying for a patent.

We realized that these foreign-national inventors were not likely to be from the same immigrant group that was founding high-tech companies. They were likely to be PhD students and employees of U.S. corporations who are in the U.S. on temporary visas. Temporary-visa holders can't easily start their own companies�their visas require them to work full time for the company that sponsored them.

For our new research, we reanalyzed the WIPO patent database to look at which immigrant groups and corporations were applying for the most patents. To understand the foreign-national data, we examined extensive information published by the Homeland Security Dept., the Labor Dept., and the State Dept. We also reviewed the New Immigrant Survey to gain insight into the immigration process and to examine the potential that, even after becoming permanent residents, skilled immigrants might return home.

Here is what we found:

� Foreign nationals contributed to more than half of the international patents filed by companies such as Qualcomm (QCOM) (72%), Merck (MRK) (65%), General Electric (GE) (64%), Siemens (SI) (63%), and Cisco (CSCO) (60%). Their contributions were relatively small at Microsoft (MSFT) (3%) and General Motors (GM) (6%). Surprisingly, 41% of the patents filed by the U.S. government had foreign nationals listed as inventors.

� Foreign nationals contributed to 25.6% of all U.S. international patent applications in 2006, but the numbers were much higher in several states such as New Jersey (37%), California (36%), and Massachusetts (32%).

� In 2006, 16.8% of international patent applications from the U.S. had inventors with Chinese names and 36% of these (or 5.5% of the total) were foreign nationals. Similarly, 13.7% had Indian names and 40% (or 6.2% of the total) were foreign nationals.

� Both Indian and Chinese inventors tended to file most patents in the fields of medicine, pharmaceuticals, semiconductors, and electronics.

Our analysis of the immigration data produced the most startling results.

"Immigration Limbo" We estimate that, as of Sept. 30, 2006, there were 500,040 individuals in the main employment-based visa categories and an additional 555,044 family members in line for permanent-resident status in the U.S. An additional 126,421 with job offers were waiting abroad. In total, there were 1,181,505 educated and skilled professionals waiting to gain legal permanent-resident status.

In the 2005-06 academic year, there were 259,717 international students in the U.S. There were an additional 38,096 in practical training�many of these are PhD researchers.

One thing is certain: If we wait five years to fix immigration policy, the unskilled workers will still be here, but the skilled workers who are in "immigration limbo" will be long gone. Our loss will be the gain of countries we are increasingly competing with in the new global landscape.



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Caliber
03-10 02:58 PM
From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.

MDIX: I wish your forecast come true. But if you followed the thread, most of 2001/2002/2003 did not even have soft LUD's. While I agree that USCIS is working on EB3 I as many got RFE's, there are many more whose cases were not touched. I gave you green.





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immigrationmatters30
09-19 02:25 PM
What if 485 was not filed but have an approved 140? Economy is taking big hits on the all the consulting firms even the big ones.I know this because I work for one and I was told budget spending on IT is going to be really tight moving forward for another couple of years espcially in financial sector.



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labogon
07-28 09:50 AM
I ask the same question to my lawyer when i saw your posting about your I_485 without the employer letter. This is his response, I hope this will help answer your question.

__________________________________________________ ____________
Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.

If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.

I'll let you know when we get the receipt notices - probably not for another two weeks.
__________________________________________________ _____________

P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
labogon





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sodh
07-24 01:35 AM
Pappu, Others:

My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.

What are my options now? If you have any insight please let me know.

I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.

Thanks!
Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.





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pappu
07-03 04:38 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.

If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc

USCIS does not read our forums and will not take action from a forum post.

If you see something wrong, and you feel strongly about it, Do not let it happen.

In hindsight I think we should have done it for labor substitution too.





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03-17 07:07 PM
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greyhair
03-12 11:44 AM
I completely agree with you. By the way, why are you not a donor?

I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.



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