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  • willwin
    07-11 09:30 AM
    If that is the case, why is there a big movement? I am assuming that the Jul 07 backlog has been significantly reduced and hence this big movement. Correct me if my assumption is wrong.

    Yes, your assumption is wrong. The dates move when USCIS doesn't approve many cases ina month. That leaves DOS to believe that there are no enough demand and hence they move dates forward. but as I said, I am very positive that the movement is to facilitate CP to approve cases. I wont be surprised if they move EB2 further next month.




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  • Jimi_Hendrix
    11-20 09:49 PM
    Got legal immigration?

    Joe Adams holds on to his coffee cup while he anxiously reads the immigration news headlines on Google. The democrats have just won control in Washington and like all immigrants; Joe is hopeful that some immigration reform will emerge.

    Joe, a native of United Kingdom first came to the United States in 1998. After graduating from Harvard Business School with an MBA he got his dream job in supply chain management. It was not long after that Joe’s company filed for his permanent residency. Life moved on and soon Joe and his wife Kathy had their first child. “The year was 2003” reminisces Joe, “I was really beginning to understand the U.S. immigration process. I was getting a handle on the numerous loops that lay ahead. It was soon apparent to me that immigration was no walk in the garden”.

    Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Current immigration policy is abetting brain drain and forcing many of these immigrants to leave for countries like Canada and United Kingdom where skilled immigrants are given priority over undocumented and family-based immigrants.

    Legal Immigration, Rewarding?
    “Most importantly legal immigration has to be rewarding for legal residents and create a shining example for all other immigrants”, remarks Joe Adams. In the United States, all immigration reform for highly skilled immigrants is bundled with reform for undocumented workers. This phenomenon is representative of the apathy of U.S. immigration policy towards highly skilled legal immigrants. Many of them have advanced degrees in science and technology. They have trained and honed their skills while working in U.S. companies.
    Currently permanent residency applications for skilled, employment based immigrants are backed 5-8 years. In the interim applicants are unable to change jobs, get promotions or make any major financial decisions. Highly skilled, legal immigrants need immigration reforms that will reduce massive process backlogs, improve processing by government agencies and better the quality of life while the application is pending.

    Legal Immigration Myths
    Extremist, anti-immigration advocacy groups have aggressively publicized myths about legal, skilled immigrants. Let us expound some of the common myths about employment based immigration.
    Myth: Increasing green cards will enable more new immigrants to enter the country
    Fact: Most immigrants who are caught in the employment-based immigration backlog have already spent 5-10 years in the United States. They have integrated socially and culturally. Companies have spent thousands of dollars on training these workers.

    Myth: Employment based immigrants do not pay taxes and are a social burden
    Fact: Employment based immigrants are required by law to file for federal and state tax returns each year. They pay social security taxes, medicare taxes, payroll taxes and all other applicable taxes. Employment based immigrants are not eligible to receive social security benefits unless their permanent residency applications are approved or unless they have worked in the U.S. for several years.
    Myth: Employment based immigrants take away local jobs
    Fact: Most progressive Americans realize that educated immigrant workers play a crucial role in stimulating the local economy. Highly skilled immigration fills the gaps in availability and makes the U.S. economy competitive and resilient. A recent study concludes that immigrants have fueled the US entrepreneurial economy, starting one in four venture-backed companies since 1990 and two in five in high technology. This is according to a study released by the National Venture Capital Association trade group to the U.S. Congress in November 2006.

    Myth: H1B quota increase will result in more green cards
    Fact: H1B has a separate quota from green card quotas. Even after an individual has approved security check, labor certification and employment eligibility; a visa number must be available for him to receive a green card. This quota is subject to annual numerical limits. Based on the current annual visa limit, applications are backlogged 6 years.

    Future of Legal Immigration
    It is presumed that legal immigration process works efficiently and in a clockwork fashion. However when you consider that legal applicants have to wait 5-8 years for a green card; this statement is false. In the current political environment pro and anti immigrant extremism exist side by side. A rational, middle of the road approach is largely missing. Such an approach would prioritize immigration based on the contribution of immigrants towards economic growth, the reduction of job outsourcing and most importantly rewarding those who chose to enter and continue to reside legally in USA.
    Americans largely supports legal immigration. This year, the Secure Knowledge, Innovation and Leadership Bill was introduced in Senate and in the House of Representatives. This bill provides the much needed immigration reforms for highly skilled immigrants. However the democrat leadership has not yet declared immigration on their agenda for the first 100 hours of work. Unless congress collectively passes immigration relief for skilled workers, political considerations for the 2008 presidential elections will put this issue on the back burner again.




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  • mbawa2574
    07-06 01:38 AM
    From last 2 years I have not seen activity other than Aman, Himanshu & Puneet.
    What are other boys doing in the team ? We need election guys. This is not Iran :-)


    Aman Kapoor is the co-founder of Immigration Voice and is our liaison with other groups and agencies. Mr. Kapoor has been working in US for the last eight years. The prolonged employment-based immigration process has continued to hurt Mr. Kapoor�s career growth prospects. Mr. Kapoor possesses strong technical skills and has contributed in many high profile projects with large clients across the country. He has a Bachelors� degree in Engineering and is presently pursuing his MBA. His permanent residency application is being processed and the I-485 approval has been pending for more than 28 months. Mr. Kapoor and his family are now on third year EAD and continue to await approval of their Green Card application. Mr. Kapoor�s handle is WaldenPond and his email is aman@immigrationvoice.org

    Himanshu is an advertising and design professional with Masters from a US university and undergraduate from a top Institute in India. He has an illustrious career working with leading companies has won numerous awards. His Green card application was stuck at the Backlog Elimination Center and after lot of wait, changed his employer, started his process all over again with a new PD. He is responsible for media, publicity and funding efforts of Immigration Voice. His ID on Immigration Voice is 'pappu' and can be reached at himanshu@immigrationvoice.org

    Nagaraj is a Systems Analyst working in the health care industry for the past 5 years on a H-1 Visa. His tag on IV is indio0617. He has degrees in Physics and Computer Information systems from the University of Madras and University of Houston ,respectively. His Green card application is stuck in the Backlog Center with a pending labor certificate since February 2004. He can be contacted at nagaraj@immigrationvoice.org

    Naren has a Masters in Engineering from a US university and works as a Project Manager for a FORTUNE Top 10 Employer Company. Naren has had extensive global experience in business continuation, service delivery, as well as account management with leading Global corporations. Like several others, he is affected by retrogression. Naren is responsible for the Free Immigration Advice Program at IV (Au Gratis) and liaises with immigration attorneys as part of this role. His handle is sertasheep and he can be reached at sertasheep@immigrationvoice.org

    Pratik has an MBA degree from a US university and MSc degree from India . He is currently working as a Marketing Consultant. He has worked with several companies in , Europe and US. His I-140 is in process and he will follow others in the queue to file I-485. The unavailability of Employment Based Visa's restricts him from making any kind of long term commitments. He can be contacted at pratik@immigrationvoice.org

    Puneet is an Endocrinologist practicing in a major urban health care system located in an underserved area. He graduated from the All India Institute of Medical Sciences and has trained at NYU and the Mayo Clinic. He leads the Minnesota chapter of IV and is currently helping build the IV-Physicians chapter. He recently filed a National Interest Waiver, after USCIS finally accepted the eligibility of specialist physicians for the program. The delayed priority date however, means a long wait for a green card. He lives in the twin cities with his wife (who is pursuing a PhD) and their 3 year old daughter.His IV handle is 'Paskal'.

    Rajatish Mukherjee is a Software Developer in one of the world's largest software companies. He came to US in the year 1999. In Mar 2005, his employer started his green card application; his labor certification is still pending at the Dallas Labor Backlog Center . He holds a Bachelors degree in Computer Science & Engineering from and a Masters in Computer Science from US. He is currently looking at another 4-6 years of waiting before he can file his I-485 and probably another 2 years after that to get the green card. In the meantime he cannot make any important decisions like investment commitments. Rajatish's id on Immigration Voice is mrajatish and he can be reached at raj@immigrationvoice.org
    Xiheng is a software engineer helping develop trading platforms in the financial industry. He didn't want to be stuck in a position where he didn't see much career growth, especially hindered by a BEC'ed labor certification, and therefore, he joined a new company that sponsored his PERM application in the EB3 category. After witnessing the great efforts of Immigration Voice in May/June 2006, he decided on two things: 1) petition his employer to refile his PERM in EB2/China category, and 2) help Immigration Voicce out as he can. He hopes to help this organization with the paid membership drive initiative. His handle is xu1.




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  • Libra
    09-12 01:39 PM
    thank you EAD, hope you can make it to DC rally too.



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  • vk_vkumar
    07-15 03:14 PM
    The following memo from DOS to CIS says it all:

    July 2, 2007

    TO : CIS Section 245 ADJUDICATIONS

    FROM : Immigrant Visa Control

    SUBJECT : Authorizations for Employment CASES

    Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

    The above action is a direct result of the sudden backlog reduction efforts of CIS offices during June and the first few days of July. During this short time period over 60,000 requests have been received and authorized. This is in comparison to the 66,425 CIS requests which were authorized during the first eight months of the fiscal year.

    Please be sure that this information is passed to all personnel involved in the process of obtaining visa authorizations from the Visa Office for Section 245 cases




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  • coopheal
    10-01 11:52 AM
    Yes we all are frustrated, but one thing we can do is contribute to IV. Let IV core have some resources in hand to implement strategies they have thought of for advancement of our cause.

    Contributed $100 for this month
    Google Order #552474927075339



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  • ragz4u
    03-08 10:40 AM
    Senator Specter seems to emphasize that he would like to get done with amendments etc. and to make sure that he meets Bill Frist's deadline of March 27th so that it can be debated

    Senator Brownback is bringing an amendment to extend J1 visa which apparently expires this year

    Will keep on updating as and when I hear things

    No visa cap for nurses/physical therapist esp for India, China and Phillipines

    Apparently the quorum is not present at the committee to vote on the amendments, but senator Specter is stating whether he will support the amendment or not.

    Senator Specter supports Brownback amendment for extending J1 visa.

    Senator Leahy agrees with senator Brownback.

    Recess until 2.00 pm. Senator Specter says that if enough senators do not arrive by 2.00, most amendments will be decided today. Else the amendments will have to come on the senate floor.




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  • ind_game
    05-18 04:19 PM
    Hi ind_game, attorney and all readers,

    After reading ind_game last quote "God save AC21.....". I have following questions:

    1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
    2. Is it true that AC-21 info don't get updated in the USCIS records?
    3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
    4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.

    Please reply.

    thanks,
    waitingmygc



    waitingmygc,

    I am really sorry if my message has festered you. That was not my intention. After three months of slog and surge in frustration, I was not ready for another 2 months.

    1.

    I have found some case studies and I am still in touch with them...........but everybody got thru this with a good ending........I have a series of case studies in another website's forum who have faced similar issue (of course, not 2 MTRs but just 1 MTR)...........I do not think it would be wise to post them here.........

    2&3.

    This is not in every case. One of the members contacted me today and said he got NOID for not submitting AC21, which is according to the guidance. One of my other friend did not submit any AC 21 and he got laid off from the changed company and he did not get any notification from USCIS. He is just moving ahead without filing any AC21.
    One of my other friend changed jobs twice using AC 21 and he got NOIDs both times. NOID is common and according to the guidance in the memo (Yates memo). Trust me, I have contacted so many people in the past three months, I have enough case studies in my laptop now.



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  • I_need_GC
    03-25 02:27 PM
    I am in a bind now, appreciate any advice,

    I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.

    My question is

    **Can my son come back on H4 even though I use my EAD to change jobs ?

    **Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.

    Thanks in Advance

    If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.




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  • amitjoey
    07-18 05:17 PM
    Hi guys,

    I am sure every company would have their own 'stuck in gc process' alias.
    Please start an IV fund drive, so that you can do this on a company basis.

    Theres one going on in mine..and guess what..20 contributions in a couple of hours.

    Thanks jk333. That is just awesome.



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  • orangutan
    08-17 04:40 PM
    GC Life screwed me badly, couldn't file in EB2 2 times even though eligible because of a couple of idiots, only action item I can think for myself is re file in EB-2 which I am doing it very soon and have an appointment wirh Mr.Khanna tomorrow.




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  • saimrathi
    07-05 11:22 PM
    Please digg

    http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled



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  • cjain
    08-11 10:35 AM
    ...the question is - where do you fall.




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  • nixstor
    07-11 12:32 PM
    eb2 china was at jan2006 for a while. this will be the first time that they will be moving beyond jan 2006.

    The movement EB-2 china gets some times is solely because of the visa number that category gets. This typically happens in the first Q. EB2-I and EB2-C will have different PD's . Some time in 2nd Q or mid 2nd Q, both I and C will have used up their quota and they will continue to have the same PD until the end of the fiscal year as PD is the only thing that matters.



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  • diptam
    08-11 05:10 PM
    hpandey,
    I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?

    How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?

    They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.

    Let me know what you think !

    Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.

    http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html




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  • suriajay12
    03-07 07:24 AM
    http://www.shusterman.com/

    news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)

    Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?

    only Monday will tell... This is one nerve wracking weekend.

    immigration-law.com also says the same thngs:

    "03/07/2009: Wild-Fire Rumor of EB-3 One Year Retrogression for Worldwide Category in April 2009 Visa Bulletin

    * The April 2009 Visa Bulletin is likely released shortly. However, there is a wild fire burning towns all over from the rumor that EB-3 visa numbers will be moved backward for one full year for Rest of World category in the April 2009 Visa Bulletin. The sources of the information appear to be credible, but we will have to wait and see. "



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  • johnnybhai
    07-14 01:18 PM
    Mahatma - I could post the details here, but then it will be all over the place and wont get updated in case of changes. So please refer the 'Contribute Now' tab and look for Checks.




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  • asdqwe2k
    01-10 01:56 PM
    May be yes....applying greencard is required to extend the H1...having said that one has to spend huge money in applying for GC...at the same time one can also stay out of US for an year and come back if required...

    well the reasons are many...and all seems to be valid...

    I agree having 1 crore is sort of middle class..especially with the real estate boom in Hyderabad..you won't get a two bedroom flat in a decent area unless you pay around 20 lakhs...

    on a lighter note...1 crore is just simple....for the people over there...for example my father retired in early 2004 and spent his retirement money to buy a two bedroom apartment and a small piece of land (about 10 lakhs in total)...now the apartment itself costs about 11 lakhs and land costs about another 14 lakhs.........earning/saving of about 15 lakhs in 3 years....how many of us could do that ;)


    when i came to US at first i thought i would go back to india if i have 1 crore, but when time goes by, i came to know that now a days in india people who have 1 Crore are considered as Middle Class,

    Who said that 1 crore is middle class in India ???

    That would mean 1 billion poor people in india according to this article, and that will include you...

    http://www.rediff.com/money/2004/jul/14rich.htm
    http://www.realestatetimes.in/index.php?title=india_developing_more_upmarket_apa rtment&more=1&c=1&tb=1&pb=1
    http://www.sunmediaonline.com/indiachroniclejuly06/newsmakers.html
    India�s millionaires on the rise
    India�s millionaire population in 2005 shot up by 19.3 per cent over the past year, second only to South Korea�s 21.3 per cent on world charts. The World Wealth Report, released by Merrill Lynch and Capgemini, says India had 83,000 millionaires (people with more than $1 million or Rs 4.5 crore in net financial assets, excluding their residence and consumables).
    The rate at which India is producing rich people is hardly surprising, says the report. It goes on: "Also according to the most recent Goldman Sachs projections, India has the potential to become the fourth largest economy by 2025 and the third largest by 2050, behind only the United States and China."
    Worldwide, the number of millionaires swelled by half a million in 2005 and there were 8.7 million of them, more than New York's population.
    On the top of the charts is the US with a millionaire population of 2.67 million, nearly a third of the global millionaire population. Germany, the UK, China, Canada, Australia, Brazil, and Russia, among others, each have more than 100,000 millionaires




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  • manugee
    09-11 03:26 PM
    I managed to get a red-eye back from CA on Monday... so I will see you guys on Tuesday for the rally.


    Go IV,

    Manish Jain




    h1b_forever
    09-01 08:41 AM
    Landed on H1b in 1998, still stuck in the muck




    pop21
    05-08 03:51 PM
    I just received by approved Labor Certification from PBEC yesterday. My priority date is July 2003 and my application was filed in NY under EB2 in the Traditional method.

    My employer received recruitment instructions end of December 2006. They filed the completed recruitment report on February 13, 2007. I noticed my case status was 'certified' on the DOL Backlog Public Disclosure system some time early April, and it took several weeks before they sent out the original certification, which I received yesterday (May 7th).



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