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  • Green.Tech
    06-20 05:19 PM
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  • kamdard
    09-01 12:38 PM
    Applied GC in MAY 2002 in EB3-I. Been with the same company, same job etc...

    Labor cleared in MAY 2007.

    Applied I140 and I485 in June 2007.

    I140 approved in SEPT 2007. Since then am with AP and EAD.

    Hope this helps.

    Regards,
    DK.




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  • pappu
    08-12 10:55 AM
    Senate Passage of Border Security Legislation

    August 12, 2010

    Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….

    The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….

    The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.

    In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.

    Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.

    When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.

    Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.

    But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.

    Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.

    The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.

    Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”

    The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.

    This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.

    Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.

    While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.

    But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.

    Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.

    Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.

    The fee is based solely upon the business model of the company, not the location of the company.

    If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.

    But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.

    This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.

    Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.

    Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”

    The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.

    So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.

    Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….

    The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.




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  • reddysn
    06-05 11:13 AM
    rightly said

    Guys/Gals - Those of you who are planning to file your 140 and/or 485 and are worried about the future consequences, please stop worrying about the bill and first of all get your 140 and/or 485 filed.

    Now, when you are done with it , please help IV to ensure that the current bill has enough amendments to make our future secure.

    If you are one of those who can keep working on your 140/485 , worry about the bill and help IV all together in a balanced way, no need to follow the step by step process :-)

    Things happen - they can always happen - they can be good - they can be bad - but Life Goes On.... so you do what you need to do for your current processing and whatever plans you have for future but just be aware that things can always change. Say you dont file your 140 assuming the world's gonna end and then before the world ends, 140 premium processing is stopped - ( not that there are any rumours regarding this ).... so get the point - carry on with your processes assuming the best out of this bill and help IV as much as you can.



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  • visves
    07-15 09:10 PM
    $50 from my end through BOA.




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  • Bodran
    06-01 04:05 PM
    That means your son is also able to file 485, right? In that case he will not age out once an AOS is submitted for him. I am assuming your 140 will be approved before he turns 21.
    Thank you for your response......

    Yes I believe paperwork will be filed for all my dependants concurrently. Does it even matter when the I140 is approved?
    It seems that under the new law his cutoff date is Jun 1 since that is when my priority date will be current so as long as he applies for a green card within one year he is ok.
    So if we apply concurrently when is his green card application deemed to have been applied for? When we file concurrently or only when and if the 140is approved.
    What do you think?



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  • bskrishna
    07-11 02:32 PM
    bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:

    I do not think CIS has that much smartness in them. Different sections seem to go about the motions on their own schedule. They seem to be an uncoordinated bunch so far.




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  • gumpena
    07-20 03:11 PM
    Kennedy, Clinton voted against this... I dont know what they are thinking..



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  • eb3_nepa
    07-14 12:48 PM
    Hello everyone,

    I am starting a new campaign for IV's benefit. It is called "Give me a High Five".

    The point of this campaign is to send Not $100, not $50, not even $10.


    ALL you need to do is write out a $5 cheque and send it to IV on the address listed.

    The address to mail the checks to is:

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65


    Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $5 ACTUALLY goes to IV.

    We have 30,000 members on here. If EACH of us contributes just $5 we have $150,000.

    For the sake of your OWN freedom, can you donate just FIVE dollars to IV? Every single one of you. IV has done a LOT for every legal immigrant. All we ask in return right now is FIVE dollars. FIVE dollars. Not the price of one month of Cable, but the price of a SUBWAY SANDWICH.


    The following IV members have entered the High Five Hall of Fame:
    bestofall, johnnybhai, Mahatma, sparklinks, kevinkris, hariswaminathan, akhilmahajan, a_paradkar, tejonidhi, ho_gaya_kaya_?, June05, chintainfogc, k_usa, Sri_1975, cheshirecat, satyasaich, pd_recapturing, sajidmd, govindk, mjdup, alok_msh, plreddy, naidu2543, venkygct, j_bharadwaj, gsrknth, cooldude0807, for_gc, Chiwere, jayleno, funny, eight_8, ita, GCOP, desi chala usa, gc_kaavaali, lakshman.easwaran, ebizash, srhari, srinivas_o, ndny, rameshvaid, mhathi, rajesh_kamisetty, shana04, Vsach, leo2606, sujijag, sam2006, dhirajs98, dhirajs98 , vsbalaji, shiankuraaf, nosightofgc, prasadn, prasha98, Mani, DDash, bgp, gc28262, Caliber, gc_on_demand, agc2005, SkilledWorker4GC, vban2007, vvicky72, sriv1, desidude, Suva, sandy_anand, ckichannagari, h1techSlave, kushaljn, sirinme, WeShallOvercome, rajvepa, dodsatya, gc78, hotammo, gcbikari, abhijitp, wizpal




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  • gc28262
    06-11 08:19 AM
    we should collectively aim our approach to get SSA back and use up other benifits

    J thomas

    I agree. This should be one of our action items.



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  • chanduv23
    09-12 02:02 PM
    I totally agree with "bsbawa10" , Not many people will involve if its a matter of spending 30-50$ and for sure stuff like Calculators and clock will go to the Kids of USCIS officers and their friends as Thanksgiving "Gifts". I think we should send mass letters to all the involved agencies with posters. Not only all the people will be involved, it will be difficult for USCIS to redirect the stuff to some orphanage/veterans Hospitals etc. Just my 2 cents.

    Flower campaign had similar fate - 2 to 3 truck loads of flowers just went into hospital. it was more of Lofgren involvement that helped us.

    We need to think with cool heads and execute things properly - first organize ourselves - gain support - consult our counsel - come out with proper plan of execution.




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  • learning01
    04-25 06:53 PM
    We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.

    Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
    Easing retrogression helps some, but not may of us who are stuck at back log centeres



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  • texanmom
    09-12 01:35 PM
    Macaca-

    If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!

    "Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
    This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
    So overall, we are talking 10+ years to get permanant residency in a majority of cases.

    "Skilled immigrants have waited patiently for 2+ years"
    Are we just talking about 2 yrs to see if there is going to be some reform?

    If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....




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  • thomachan72
    06-04 01:13 PM
    why not ? 140 and 485 can be filed at same time if dates become current.
    Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.



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  • krishjack
    03-26 07:38 PM
    PD Sept 2003
    45 days letter received/replied on March/23/2006
    RIR EB3, filed in MD. Now in Philladelphia BEC




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  • VivekAhuja
    05-18 05:36 PM
    Getting a bank loan is only dependent on showing that you will be able to pay it back. NO IMMIGRATION STATUS documents are required as long as you have SSN card. If SSN card says "Only with INS Authroization", then bank may ask further questions but if you are clear, the loan will be cleared. There are no legal restrictions.



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  • vunlucky
    09-11 10:34 PM
    Contributed $100 through google checkout.

    Trying to send as many signatures as possible with a day or so.




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  • JunRN
    09-28 07:34 PM
    In , it was mentioned that three weeks ago, there were still 26,000 visas available as per official reply from USCIS to an inquiry. I cannot imagine how USCIS can use up all those in just three weeks. For this reason, I believe that there will be "wild" approvals this weekend.

    What makes us mad is by end-June, DOS and USCIS said that no more visas are available and made July VB unavailable. Good that there was reversal of this VB and we're able to apply.

    What more can we do but "sigh". Atleast for my case, I will get the interim benefits which I badly need.




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  • ras
    07-06 03:39 AM
    Why is such a big organization like IV not able to generate funds. Is it that IV members are not worthy to give funding or is there something else that needs to be done to make the members shell out money. An organization with 20K members has a lot of potential generate funds.

    I do agree that desi mentality is little different with regard to coming forward or donating money. But that cannot be sole factor for the IV failure. I strongly believe it is not the member contributions that can make IV survive. There should be other mechanisms of getting funding like advertisements, banners, corporate sponsorship, etc. All these are leadership decisions. And apparently we don't see that happening which leads to the notion that we need new blood in the team.

    I also dont deny that IV core team has other things in their life. And they cannot devote complete time for this. So as mentioned in one of the posts lets employ a manager to do these things. Lets figure out the expectations for this employee and also the salary for about 6months duration. Lets us assess this employees progress. A full time responsible team members/assistants ( paid or non paid) are required for the organization. There could be non paid executive committee members in parallel.

    How are other websites like La raza or similer websites generating money. What are the ways they are following. Analyse them come up with the strategy to get more funding. That is what the leadership team is supposed to do. Not winning on the members to give money always. Lets us accept it the funding that can be got from members can only be minimal. Now having understood that what are the alternatives?

    I think we need to come out of the shell. IV core doesn't appear to be transparent as it is supposed to be. Remember am not denying what they have done so far is any less. But my only saying is that we could do much more with the 20-30K memberbase. Lets utilize the brains in the crowd.

    Please dont start questioning me if I donated, participated and followed IV suggestions. Yes, I did all of them. The point is not I as an individual we are talking about the system as a whole.




    lazycis
    05-14 12:46 PM
    Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?

    This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.

    What is Mandamus and what is difference between what you suggest?

    Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
    http://www.ailf.org/lac/pa/lac_pa_081505.pdf

    Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
    The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
    Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
    http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf

    Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.




    h1techSlave
    05-01 09:48 AM
    I have some black dots in my Control Panel? What is the meaning of a black dot?

    And how does one give black dot to some one? When I try to add reputation to a post, I can only see I approve or I disapprove options. I would imagine I approve=green and I disapprove=red. Where does a black dot fit into this scheme?
    how do u know if someone gives u red?



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