Friday, June 10, 2011

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  • alex77
    12-03 02:43 PM
    bumping...

    Will be interested to know the response to Class of Admission..




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  • H4_losing_hope
    02-26 10:57 PM
    Nor. Cal group also made some good progress over the weekend even though we had some bad weather.

    Cheers!

    g

    Keeping it live and kicking :)




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  • venetian
    07-14 06:54 PM
    Could some pls post the link to the DOS classification of jobs with the levels and salary.

    Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!




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  • vjkypally
    11-15 08:09 PM
    After all the detailed analysis I was also looking for some ideasiol_joh:

    Ridiculing ideas presented by others and NOT suggesting any alternatives hardly lends any credibility to your post.

    what is your "sound long term strategy (12-18 months)"??



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  • gc28262
    03-21 10:35 AM
    OK. loud and clear Desi :D

    Now, I have provided the reference to part of AC21 law with my interpretation, which allows visa portability (unofficially known as transfer) from one sponsor to another and excempt from numeric limits.

    All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?

    Now, I have a lot of filthy and rediculous offensive messages on the discussion threads with reds, which I would not like to post in public. If this is what our anonymous so called "highly skilled" can bring to the table, then I am speachless.

    gapala,

    This thread is not a discussion thread. OP asked a question. We need to provide him a precise and satisfactory answer. There is no point in confusing him with endless discussion.

    His situation is very simple. There is no question of out of status here to begin with. OP knows this very well. Many of the people who responded here ( excluding me ) are quite knowledgeable in immigration matters.

    When in doubt, always refer lawyer's newsletter/USCIS memos rather than us trying to interpret the law. We are no lawyers.




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  • suriajay12
    04-10 11:17 AM
    Dear Dr. Teli (I am sure you are a Dr. because you dont let facts or reality come in the way of your diagnosis of a situation, argument or person, only a PhD can do that)

    Thank you for doing the homework on my 1 year of postings..Not even my wife pays that much attention to me, makes me feel really valuable :)

    I could have told you that. I have never contributed any money to IV and probably never will. Because i dont think they are doing anything. I have, however, answered a few people's questions about AP or H4 visa (something with which i had to spend a lot of time researching). That is the extent of my "contribution". I just answered a few earnest questions to the best of my ability.

    You can attack me all you want. For example, probably I am not EB2..Hmm, I thought EB2 was an employment category and not a species classification but I may be wrong...

    Anyway, what happens is that whenever a new visa bulletin rolls out, there are all these posts which basically say
    1. Contribute
    2. We must do something
    3. What is IV core doing
    4. Where is VDLRAO
    5. When will the injustice end
    etc etc etc

    I have been seeing this for the last 3 years. First things first, If you want to take action, spend 41 cents every day and send a letter to your congressman or senator everyday for 1 year....For $149 per year (365 * 0.41 not counting leap years and counting on the fact that you will mail a letter even on holidays :))
    At the end of the year, at least you have something to show for what you did. With IV, you can convince people that Patton Boggs is doing all they can for you, Trust them.

    I am not blaming the Core at all, they are doing whateven they can given the limited resources, time and influence they have. But, what I am blaming, is the the "holier than thou" attitude which is adopted when distinguishing between those that are the exalted DONORS and those that aren't :)

    Chaanakya,

    You said "Thank you for doing the homework on my 1 year of postings..Not even my wife pays that much attention to me, makes me feel really valuable :)".
    He is not that partial that he leaves others. If you look at my posts, I noticed exactly the same. He appears to know everything about me :) . And I am very sure others here who raise valid points have noticed the same.
    Please show some pity of this guy.He probably has no job, thinks supporting blindly gets him some points from core or someone.. He does manage a good # of greens though. Its possible he has 15 to 20 accounts in this forum and logs in with each account, gives greens to rest of them. Please excuse him. I usually dont reply to these folks.



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  • chi_shark
    06-10 02:46 PM
    question to experts. will they send RFE's if they have already sent one and have pre-adjudicated? I hope not...




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  • supers789
    08-20 08:26 PM
    Fragomen applied for my PERM application last year. The rule is - either advertisement start date or end date should fall in "wage survey duration of 3 months". They didn't follow that. And my PERM got denied. Immediately they applied for my PERM. And it's stuck in Audit. And not to mention, even though it was their mistake, they took fees from employer for filing 2nd PERM.. saying DOL wasn's clear about this rule, and never rejected any application before for this reason.. So its not their mistake!!



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  • gkebiz
    01-14 05:46 PM
    DEAR ALL,
    I was invited to post directly to the President-elect on his site change-gov and you can see my post here...
    http://citizensbriefingbook.change.g...Pos=0&srKp=087

    I request you publicize this as much as possible through your FORUM and ask them to VOTE UP on this issue on the Presidents site so that this is taken as a charter and presented to the President.

    The complete text of the article under the TITLE: IMMIGRATION REFORM ALLOWING H4 VISA SPOUSE TO WORK is posted below for your immediate reference:

    "The time to fix our broken immigration system is now� We need stronger enforcement on the border and at the workplace� But for reform to work, we also must respond to what pulls people to America� Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should." -- Barack Obama, Statement on U.S. Senate Floor, May 23, 2007

    Well said Sir, and now as President-elect, we hope to see some action on above.

    This issue I bring to your attention may seem trivial, but throws light on darker side of the life of dependent H4 visa holders, who are mostly women. And since you endorse women empowerment, I believe you will give a serious look at this idea.

    Theres a strong lobby support for increasing H-1B visa cap to address the shortage of skilled workers. Theres also a strong lobby opposing it. This idea will satisfy both the lobbies. A very simple way to literally double the number of already available skilled workers in the USA without having to increase the visa cap. Allow me to explain....

    Currently the spouse of H-1B holders, the H4 visa holders are not allowed to work. Most of these H4 Visa holders are qualified, skilled and experienced. In one stroke of the pen, by amending this tiny rule allowing H4 visa holders to work, you will facilitate thousands, if not millions of already legal & available skilled workers in the US, to work. Please note that spouse on L2 Spouse/Dependent visas for L1 visa holders (intra company transferee's), ARE allowed to work through an amendment in 2001. And this can be used as a precedent. Even J and E Visa spouses (J2, E2) are allowed to work.

    Good For the Economy: While its now a norm to have a dual-income family where the husband and wife both work, its become all the more necessary for a family to just survive through these unprecedented economic times. H1-B visa workers typically stay on for at least 3 years continuously if not extend it for the next available 3 years. All this while, the poor H1B and his family have to get along with just one income. Moreover, the law also forces the skilled and experienced spouse on H4 to idle at home. This I believe is a loss of national productivity. Your statistics will prove how many H-4's are currently idling away in the US.

    Good for the Community & Social standing of Women:
    To keep the family together, H1 visa holders bring in their spouse on H4 visa. And then, they get locked in the house. Ninety percent of H4 visa holders are women. Women being, more susceptible to domestic violence by the partner, becomes even more prone to violence due to her complete dependence on the spouse. They become prisoners in USA due to spousal abuse and immigration policies that give their husbands complete control over their lives. Yes, the immigration system is broken. The immigrant women get protection under VAWA but non-immigrants are not covered. Even if a law to let the non-immigrant battered women to obtain work permit is introduced, it might not protect women whose cases are dismissed as non-critical. The abuser can further exert his control over the victim and convince her that he has changed so that the victim might not press charges. Thus the abuser gets encouraged to continue violence. Divorce is not an option because most non-immigrants come from third world countries where a divorced women has to bear the social stigma of divorce and will not be protected in her own home country. Because of the long queues for Labor certification application and retrogression of visa numbers, getting an EAD and Green Card takes longer.

    Way Forward:

    You plan to legalize people living illegally in USA (and working illegally), you plan to give them a low skilled requirement job visa, similar to the H-1B or L-1, only that skills required are low, and you will let their spouses work too. This will mean that the only resident visa holder NOT AUTHORIZED TO WORK will be the H-4 visa holders.

    As a tech-savvy President, you may also want to browse this issue on Google groups and hear the voices of depressed, frustrated and more often abused women, here... Oops. I am unable to provide you the link as it appears to violate the change.gov comment policy (?). The group title is misc.immigration.usa and title is Why USA should issue the dependant visa holders work-authorization? Theres another forum under immigrationvoice.org you may wish to look up. Thanks.

    When people who have come to the US illegally will be able to work legally � the poor H4 souls (mostly skilled women) who have come legally and followed all the rules should be given a fair chance to contribute to the economy and better their quality of life. By a simple amendment, allowing the H4 visa holders to work, you will make a brilliant move, without upsetting those who oppose the move to INCREASE the current H1B cap. Please think about it. May God Bless America!




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  • govindk
    05-17 04:07 PM
    Done.



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  • jonty_11
    11-08 04:56 PM
    latest from CNN:
    WASHINGTON (CNN) -- President Bush set out a new approach Wednesday in the wake of what he called a "thumping" for Republicans in the midterm elections.

    Immigration and minimum wage measures are areas of common ground to discuss when he meets Democratic speaker-to-be Nancy Pelosi later this week, he told reporters at the White House.




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  • tonyHK12
    03-28 01:39 PM
    thanks you sir for reply but you joke joke me call obama. he president how me call him?


    Plainly Spoken !



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  • EkAurAaya
    05-31 05:44 PM
    There are uglier things than sausages being made. For example, when Bernie Sanders gave a 30 minute speech to increase H1B fees and make H1B program useless, he brought a big chart and the whole enchilada to try to prove that H1B depresses wages.

    However, in the starting part of his speech, he said he supports the bill.

    The bill brings in 200,000 guest-workers each year (it was 400,000 before Bingaman amendment). However, according to him, that is just fine. When guest-workers come to US in numbers like 200,000 then they dont depress wages of the lowest income group in America. However, when hi-tech workers come here they depress wages.

    This is the kind of logic from people like Bernie Sanders and Co. that is uglier than watching sausages being made. Watching sausages being made might hurt your eyes, but this kind of logic hurts your head and can damage your brain's neurons.


    Adios Desi/Chinese (Educated fool's) - Hola amigo

    Result: Adios IT Job's - Hola ???




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  • somegchuh
    07-20 04:20 PM
    Can someone confirm if you can maintain accounts in the US after you leave. That sounds very dumb. I want US to keep my money and they don't want it?

    I understand that after Patriot Act you can't open accounts in US without SSN but I think you should be able to keep your account because that SSN is assigned to you forever.


    Withdrawing funds from 401K before retirement is not a good idea. It is best to rollover the funds into an IRA at your bank.

    By the way, after the Patriot act is passed, you can not maintain financial accounts in this country after you leave if you are on H-1B. Uncle Sam is afraid you will be financing Terrorists. Another sucker punch. Take it like a (wo)man. :D :D

    Should we not ask for exemption from these forced penalties imposed by Government?



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  • PD073102VA
    03-19 05:16 PM
    Will advanced degree holder need labor certification?

    I think they will. Here is how the new labor certification clause will read:

    (5) Labor certification and qualifications for certain immigrants.-

    (A) Labor certification.-

    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor,

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

    (I) is a member of the teaching profession
    (II) has exceptional ability in the sciences or the arts; or
    (III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.

    Source: Official Senator Frist's Bill http://thomas.loc.gov/cgi-bin/query/F?c109:1:./temp/~c109BRbYkn:e244507:
    INA Act 212 http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-2112?f=templates&fn=document-frame.htm

    So labor certification is required for advanced degree holder in STEM with 3 years of US experience prior to applying will be treated as special a case.

    Also, this clause says that the degree has to be from a US university. I think Attorney Mathew Oh is wrong in saying that graduate degree holders in STEM from foreign universities can apply too.




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  • krishnam70
    03-05 12:22 PM
    i think if we are paying for something we should have the ownership it too.

    lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.

    This is an excellent idea and a great opportunity to show case our skills. How about IV offering as non-profit organization our expertise ( from members) to help with this and reduce cost and improving efficiency of this program for USCIS - FREE OF COST.

    I am aware there might be many issues with data security etc here but at least we could propose this. As a fellow member suggested this should be a report that needs to be published every few months or so to make it transparent and traceable.Ooops wait, will it show the true picture of how efficient USCIS is if they do this? :D

    I dont see it going anywhere, this is just stalling. They already have that kind of information if the statement from O'man office is any indication or they lied to the office. Either way we need to highlight this with the O'man's office first and then follow it up with Local senators and highlight it. This needs to go big way.

    Getting them to give one off statement is not going to solve anything besides it might be only a starting price and might increase or are they charging the same $5000 every time somebody asks them for an update.

    - cheers
    kris



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  • saileshdude
    03-21 12:56 AM
    Great!

    With this info, your attorney can easily demonstrate that you were authorized to work for "Employer 2" at all times since last entry in the USA until date of filing for I-485.

    There is nothing to worry about, IMHO.

    Good Luck.

    Thats what people need to understand that if u are doing AOS from H1 then you have to make sure that 1) Either you continue to use H1 with the proper employer or 2) If you decide to use EAD that you update the I-9 form properly with respective employers. You cannot involve into unauthorized work like say your h1 expired with current employer and you did not update your I-9 form to use EAD and say 4 months down the road you put in the new I-9 form with EAD info. Those 4 months of work would be considered unauthorized and yes it will impact your I-485.




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  • cin45220
    09-29 11:49 PM
    similar incident happened to my room-mate, may be little worse.

    The airline was aerofloat (russian) in this case.

    they boarded aircraft from bombay to ewr. aircraft started running on runway and after some unsuccessful attempts they came back to terminal. with everyone's surprise, the pilot announced that there is a techincal difficulty and unable to takeoff.

    Next flight was after 48 hours and that too from delhi. No need to say my friend spend 24 hours also at moscow airport and finally reached newark after 4 days finally. All these with no ground staff at bombay by aerofloat. Being young students, my friend and his groups helped like a coolie to shuttle all other elderly passengers bags to hotel and so forth. He is a very fair person and still doesn't blame aerofloat. He bought the return ticket for 760 with tax, where other airlines used to charge like 1200 or so.

    morale of the story: don't blame airindia for all the faults. I am sure there is lot to improve but it is not the only airline where things go bad. This is possible anywhere.

    and lastly, the OP who blamed airindia for not allowing duty free stuff bought at NJ at frankfurt - don't blame AI. It is the airport staff of FRA and not AI.

    For all those who think that only airindia is bad, go to google and search for reviews of any airline. Chances are very high that you will get such horror stories described by someone.

    The OP somewhere has an attitude that he is too important and shouldn't have any issues. Unfortunately the world is not perfect.

    Who flies on Aerofloat?

    This airlines had a pilot, who was too drunk to fly the plane. Since the pilot was too drunk, he couldn't properly announce instructions before the take off.

    When passengers complained, he said that he will not touch anything in the cockpit and will simply sit there.

    After all this, when passengers complained about this at the destination, the fly crew said that nothing like this happened and that all passengers are having a mass hysteria.

    {this is not a joke and this actually happened - try google-ing it}




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  • mheggade
    07-15 04:10 PM
    My numbers are not 100% accurate , but it gives fair sense of the current situation.




    Hinglish
    03-21 04:19 PM
    The USCIS/DOS set quotas for visa numbers because the United States does not want to be overwhelmed with immigrants. And these quotas are spread evenly through all nations and ethnic backgrounds. Considering the populations of the "oversubscribed" nations, this is justified. I can see where the immigrants from these nations feel "discriminated against" in the fact that they receive a smaller percentage (NOT NUMBER) of visas per capita than ROW countries. This does not make the system unfair. And if you think that certain countries get special treatment, think again; there are plenty of people in ROW (like me) who have been waiting for years as well!

    I agree ...




    gondalguru
    07-16 04:15 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    One interested thing I noticed from this post is that spill over might occur every calender quarter and not just at the end of the year... so EB2 I/C dates might keep moving forward every two to three months..



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