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  • Ramba
    07-14 06:18 PM
    You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.

    The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.





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  • jsb
    03-09 12:27 PM
    This is horrible. Does not make much sense.
    No significant, if any, movement, even though it is supposed be a new quarter?





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  • coopheal
    02-19 05:28 PM
    Could one of you summarize HR 264 bill on the wiki.

    http://immigrationvoice.org/wiki/index.php?title=HR_264_(2008-2010)&action=edit





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  • pkak
    07-09 10:50 PM
    That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..

    Whether they are smart people or not, a future department of justice investigation will find out.


    http://s202395528.onlinehome.us/category/general/

    However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.



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  • NKR
    03-10 10:09 AM
    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases… Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.





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  • breddy2000
    01-17 03:02 PM
    Started to contribute $20 monthly.
    Already contributed $200 earlier



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  • sam_hoosier
    01-18 04:52 PM
    http://www.nelp.org/docUploads/Fact%20sheet%20formatted%2Epdf

    This will help you understand the law...you didnt have to answer the police officer.

    Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.





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  • chanduv23
    11-21 10:31 AM
    I was one of the first few folks who moved on, immediately after the yates memo. I am a lot better now and making 2 times what I used to make and also switched to ebb2 as oppossed to eb3 in my old company where situations have never been good.



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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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  • desi485
    03-15 11:45 PM
    dude, you don't know jack.........there is no "eligibility" when it comes to EB2 or EB3.

    The FUC@#NG job has to demand a Master's for EB2.

    It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!

    any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.

    And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??

    If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....

    And don't preach what you have no knowledge about, ok buddy?

    For the record, i have NEVER used any legal shortcut ever.

    If this is not a skilled job, why the H1B is required. Why not just any one does the job? USA too has jobless people.

    Your language shows that your not just frustrated fool but also a selfish idiot.

    For same reason you may have never got chance to work for a real company who follows immigration rules strictly. You think that all rules are flexible.

    No wonder you got so many red marks already. You are cursing others becuase you may have tried a shortcut and failed (no wonder as you are a fool).



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  • Hermione
    09-26 06:01 PM
    And I see your point, but what do you know about the visa rules of your country? Let's say, I want to work in your country - what visa do I need - is there a CAP or quota system - validity, my rights etc. Its wrong to blame average American or any generic population because you are in deep shit. Just my thoughts - no hard feelings!!! Its more about educating people who are interested and IV (henceforth Legal IV) is the platform for doing just that.

    That exactly what my point was - it makes no sense to critisize an American writer for not knowing the difference between H1 and EB.





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  • makemygc
    07-05 10:56 AM
    Core is putting their time and mmoney and doing this all for everybody

    Pray please tell me what the core did for people stuck in BEC's.
    Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.

    I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.

    Answer me this. God forbid but if you have a cancer and your brother has a malaria and you have just one doctor to treat. Would you ask doctor to treat you first since you have a bigger issue than your brother? No, right.
    Dude, we all are brothers in this mess and everyone deserves to be treated fairly. I agree that core should work to eliminate BEC problem as well as any other opportunity to get any other immediate relief but core has limited resources, very limited funding plus and core needs to work on areas which fixes maximum number of lives here.
    There are around 40000 people stuck in BEC and if 20% of those can join core and contribute, I'm sure that is enough number to allocate resources accordingly. But somehow people has got the wrong idea that IV is not for people stuck in BEC. I've seen similar posts in immigrationportal.com as well.

    Now if IV will work for people who were eligible to file in July or even for people who just filed on Jul 2nd, i'm sure people will come and say that IV is for July 2nd people only. But that is not the case. Any issues/bill/ammendment which can bring some immediate relief should be worked along with our core issues which is retrogression. Once you are out of BEC (I hope you do asap as several of my friends stuck there), I'm sure your main issue will be retrogression and not BEC even if there are other people stuck there.
    So lets not divide these communities any more, work together towards common cause that can bring some relief to our brother, sisters and ourselves. We all be benefitted if we all support each other.

    Hope you understand.
    Thanks



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  • logiclife
    04-20 01:55 PM
    Attn: California Members – Please participate in this event to support STRIVE ACT.

    This is a town-hall meeting organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.

    Address:

    1775 Story Road.
    San Jose CA 95122.

    Date and Time:

    Saturday April 21 4:00 PM.


    Purpose:

    To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog. You can also ask questions during the Q&A to Congressman Gutierrez.

    Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org

    Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).

    Questions:

    If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)





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  • nonimmi
    12-20 04:25 PM
    Folks, I didn't worked for an year(2001) due to, you know what I am saying....

    Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(

    Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?



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  • meridiani.planum
    03-16 11:15 PM
    i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????

    its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).

    If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.

    Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.





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  • leoindiano
    03-09 01:33 PM
    USCIS got amnesia...

    So, looking at the bulletin, you will wonder, what USCIS was doin in February and March?

    It is the same #@%#@^ng dates,,,,



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  • NKR
    10-15 03:23 PM
    Most immigrants and potential immigrants are within Top 20% of US population.

    Can you tell us from where you got that information?.





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  • dentist1
    04-09 06:47 PM
    Thanks Papu !!!! thats great....

    His name is Pappu and not Papu also what is so great about this bulletin buddy.It sucks bigtime.





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  • coolmanasip
    03-07 10:14 AM
    could not agree more!!! you really just get one life.....And you know what, the unhappiness plays on your mind and body and lifestyle........

    I resigned this week........they are giving me all sorts of hell about it but I am happy I will go to a new place and pursue all the opportunities I ever wanted to....





    nixstor
    10-15 01:37 PM
    IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.

    Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.

    FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Google docs (http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.

    If you are really information hungry, this is your chance to get it.

    (1) Download attachment

    (2) Replace John Doe information with yours & print it

    (3) Notarize it and fax/mail it. Notarizing your request prevents from frivolous rejection

    Fax number (816) 350-5785. Make sure you get your confirmation if you fax it.





    cableching
    07-11 03:02 PM
    I think movement in EB-3 for India nad Chine will be difficult, as most of the folks from ROW apply under EB3 and most of the applicants in EB2 are from India and Chine?
    As a result EB-3 quota is used up easily and the per country limits apply for Indians and Chinese. Where as for EB-2, the per country limits do not apply as the ROW applicants are not that many.



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