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  • Munna Bhai
    12-26 06:50 PM
    :confused:





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  • mallu
    02-16 12:23 PM
    ......This per country cap law is very much like the tax code. If you change it to favor one class of people, you end up screwing everyone else. ...

    Currently, do chinese and Indians form a significant part of US population to affect diversity ? Just curious. I think one should start analyzing current US population and tabulate the % based on country of origin. Let us start with folks from UK, Italy, Ireland, Germany , Poland,..., India, China, ... . If it is found that some sections are less represented, let USA allow more into that category. True diversity.





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  • VIKAS1866
    03-19 02:13 PM
    Hi,
    Any new development on FBI name check process? How can one address this issue?





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  • vicky007
    04-26 02:50 PM
    Guys,

    I heard on NPR yesterday evening,DHS has decided to conduct Security Checks through FBI for over 400,000 Port and Dock Employees in the US of A.
    President BUSH wants the initial Phase of Name Checks to be done before Summer is over.If the move proceeds as per the plan(I see no reason not to, considering the sensitive nature for which it is being carried out)its going to be even more pain for people who have been waiting to get their Name Check done.

    Regards.



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  • khushig
    09-05 02:07 PM
    I along with many more are graduating every year and filing for there OPT. Few students are lucky, as they are able to find corporate employers (not desi's) who would sponsor H1. But for others, time is the constraint so they have to find alternatives. Hence for most OPT students the option is to look for desi employers.
    I feel the problem that employers (small to midsize) are not educated about H1 B process. If this happens most of the problems will be solved. But for now with so many students graduating every semester, the only option is to go through desi employers, which in a way is not a bad idea (when you think long term).

    There are many sites that provide valuable information.

    www.desiopt.com is one of the many sites that helps students in this matter.
    www.Sulekha.com also provides information on some good companies.





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  • Abhinaym
    07-03 10:26 AM
    ...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?

    Hey DN, look this whole point about "countries to dominate the EB system" is totally frivolous. Please try to understand 2 points (I say please again):

    1. Cards don't go out to countries, they are given to individuals, whose background, education, motivation, employability, circumstances are completely different from another individual from the same country. From your profile it seems you are Canadian, does it make any sense to say that you shouldn't be given a GC, because a whole bunch of Canandians got a GC in the past? Why should there be a relation between country and employability here? (After all the GC is for employability in the long run)

    2. Just because another of my countrymen got a GC doesn't make any difference to me or my employer! They don't subsidize me, they don't feed me, they don't pay my bills, they don't work for my employer/clients. Again, my employer wants to keep me employed beyond my H1 date, how and why should it matter to the employer/client/economy that heaps of Indians got their GCs?

    Buddy, I'm different, I'm a very unique individual - so are you, and so is everyone in this forum. I bring a diversity in skillset which is why my employer hires me, not because of my ethnicity or country of origin.

    Basically that's what should matter to the economy, a diversity in skillset not in race or national origin. And who's best at deciding that other than the employer?! Besides, the EB GC system is designed to strengthen the workforce and not about doing favors to countries, right?



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  • de2002
    03-11 09:45 AM
    http://www.nytimes.com/2008/10/03/opinion/03fri2.html?scp=1&sq=legal%20immigration&st=cse





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  • Jaime
    09-10 12:41 PM
    You are reminded often that you are a second class citizen - There is so much of this...where to start? How about renewing a driver's license? Cannot do it unless you bring your immigration papers with you, and then you are given a driver license only for the duration of your current visa extension, and that is if you're lucky, as it often just gets denied.



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  • amsgc
    05-28 07:42 PM
    Here is what I would do:
    - Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
    - If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
    - Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
    - Get the H-1B visa and come back in Oct to work for your new employer.

    If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.

    Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.

    Sorry, I think I posted in wrong place.

    I'm on L1B for Company A.
    My visa, Petition, I-94 are expiring this September.
    I was about to begin L1-B Extension.

    Now I got news from company B that my H1B petition has been selected in Lottery..
    (this is for COS from my L1B to H1B).

    Can I go ahead with L1B extension work ?
    I do not want to do this, if it will affect the H1 Petition approval.

    Please help. Thanks.





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  • waiting4gc
    07-05 01:43 PM
    Order Details - Jul 5, 2007 11:09 AM PDT
    Google Order #448537035986231 Print


    Shipping Status Qty Item Price
    Not yet shipped 1 Contribute 100 $100.00

    Total: $100.00



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  • ita
    01-31 06:18 PM
    Thank you very much for the response. I sent you a PM .

    Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?

    Thank you.



    >> how do we know what our H1 LCA amount is?
    Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • smartboy75
    07-11 01:17 PM
    Thanks for your post. Is there any chance for any or Significant movement like this in EB-3. Now it's about time for EB-3 to move ahead. We have been trying for Bills every year, without any luck. Why is it so difficult for any movement in EB-3, which is stuck in 2001 and not moving ahead. It is really frustrating. EB-3 I is really suffering the most. Is there any solution for that ?

    ____________________
    Phone calls to CHC Members
    Written Letters to President & IV
    Attended DC Rally
    Contributed to IV
    PD: October 2003, EB-3
    The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....



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  • langagadu
    06-01 09:47 PM
    Oh, Yeah. You think Mexican border needs to be handed over to army??? I agree to stop drug activities but don't generalize.

    Do you know who the hard working people are in this country???? Mexicans.... all other lazy asses wants to sit in air conditioning (yes, you are one of them).

    Sorry buddy, respect people.




    Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
    If you are using EAD, even better, carry the darned EAD card in your pocket...
    I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
    I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching
    that fence, much less sneak in, they will shoot him between your eyes.

    The Mexican border needs to be handed over to the US army or the National Guard.





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  • boldm28
    04-05 09:14 AM
    in my opinon its a supply demand market ..if some companies are exploting people who are consulting .. it has it shares of good things

    1) no big company will generate a pay stub (just by payin u paying the taxes and being on bench)... which by the way is required to do things like renting or getting a credit card

    2) not every big company does your GC .. this is from First hand exp .. a friend of mine worked for CISCO for 5 yrs at a very good sal but cause cisco was not able to file his labor he swtiched and now is making half of what he used to make at cisco . but again that is his call

    3) Nobody put a gun to your head and asked you to come with an H1 body shop

    i am just playing a devils advocate ....



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  • harsh
    12-12 04:54 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD

    All of the documents in this link are written by
    "Micheal Aytes /s/,
    Acting Associate Director, Domestic Operations
    U.S. of Citizenship and Immigration Services
    Department of Homeland Security"

    I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.

    Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?





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  • Canuck
    02-14 08:10 PM
    This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.

    What WILL NOT happen? - Removal of per country quota for EB Visas!!

    Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?

    Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.



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  • a_yaja
    04-06 09:32 PM
    well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)

    To be denied entry, the visitor has to go through secondary inspection. That is the process. The CBP officer at the primary inspection does not have the authority to send some one home. Look at this link from Syracuse University that details this process:
    http://trac.syr.edu/immigration/reports/142/

    Quotes from this page:
    In a procedure known as Primary Inspections, the officers interview people appearing before them and check their documents. In addition, the documents are scanned into a computer to detect past immigration violations, criminal problems, and national security concerns. The entire process is very brief, averaging less than one minute per person to keep up with the crush of arriving travelers.

    In Secondary, a new set of Inspectors have additional time and latitude to investigate whether a person's papers � and their reasons for coming to the U.S. � are legitimate and legal.

    So whoever said that the CBP officer at the primary inspection called up employer and asked the employer if they cannot find US citizens is not telling the truth. Probably the guy started the rumor :D.





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  • ita
    09-10 12:33 PM
    You can post. Just type the messages on the left hand side panel.

    Got it. Thank you.





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  • desi3933
    01-30 03:26 PM
    Ok now I am very very confused :confused:

    Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.

    Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.


    After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.

    Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.

    My question is - Is the time I haven't been working considered as Out of Status?

    >> My question is - Is the time I haven't been working considered as Out of Status?
    No you are not. Like I said out of status UNTIL date of I-485 application is most important.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





    joydiptac
    06-08 08:31 PM
    Thanks Deepak for clearing the uncertainty. At least now I know my wait is 10 more years.
    Wonder how many more years I will be able to keep my EB3 Job and job description. :(
    This sort of slow torture is nothing less than "Curry Bashing" openly happening in Australia.
    (Source : http://bkhush.com/dev/content/lets-go-curry-bashing )

    The rate at which USCIS is denying H1B, L1 Extensions it EB 3- PD 2001 - Wait till 2015
    EB 3- PD 2002 - Wait till 2019
    EB 3- PD 2003 - Wait till 2024





    pray
    08-17 01:11 PM
    you write some ridiculous stuff in your first post and you want us to chill out. Get a sense of this board and its professional members, before you post any nonsense like that.

    As I said previously, just chill out.Let me give all you guys some advice whether you want it or not.You guys are just busy speculating about something which you guys have no idea about.As a result all you guys are doing is getting worked up and trust me this nonsense is not helping you one bit.

    If you are giving some factual help with how to file,procedures etc it is one thing, baseless speculation will get you nowhere.If you think I am not in the same boat as the majority of you-- you are mistaken.It is just that I try to stay positive while you guys keep whining.We all know the system is not working fairly for Indians even though we are bright,intelligent and law abiding folks.

    You have no idea how dates will progress,so to reiterate once again just chill!



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