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  • Nil
    07-21 09:50 AM
    Very Potent topic.
    During the downturn, company decided to dissolve local satellite office and have everyone in the region work from home.
    DOL audited labor application asking 'why home and work addresses are the same: is the candidate related to employer?'
    Go figure.
    Lawyer mentioned there is no provision on the labor app form to indicate 'home office'. Also, in this case, where to do the labor for - the region where the professional is living or the main office (opposite coasts in my case) is unclear.
    If the residing city is tested for labor, which is rational, how do you ensure 'the ad must be displayed at the workplace'?
    What if DOL denies application due to lack of clarity on such issues?

    IV leadership pls comment as possible.....





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  • RiaonH4
    01-18 11:30 AM
    FALSE STATEMENT - law was changed couple of years ago.

    How can they advertise it on Sulekha with an incorrect statement???


    Ria





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  • s_r_e_e
    08-15 11:26 AM
    you just beat me in posting this
    :D

    happend to have oh law site open on the side while reading this... it was easy to find the faq link in there :)





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  • pmamp
    12-07 11:43 AM
    Hi,

    I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

    I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

    If I change the employer, will I be subject to H-1 B visa quota restriction?

    I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

    However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

    I would appreciate your advice very much.

    Thank you always.


    Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.



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  • Alabaman
    09-05 12:03 PM
    For sure, things will be different after Nov Elections. However when it comes to immigration reforms or SKIL kind of bills, i think (i hate to say this) ambiguity still persists, no matter who controls the house
    Well, there is a slightly increased chance in case of Dems control the houses

    Do most of them (Congress) even know there is anything like the SKIL bill??





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  • sr77
    09-26 08:32 PM
    Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).

    That said, don't wait for USCIS. Be proactive and do all you can. I would suggest

    1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
    2. Open an SR.
    3. Do the above for your dependents if any.
    4. Make infopass (you have already done this).
    5. Contact local congress man/woman.
    6. Send mail to CIS Ombudsman
    7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.

    (more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)

    Good luck.

    Thanks for the advice. I appreciate your insight.

    I am going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.



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  • lkapildev
    07-17 04:43 PM
    Dear Mod,

    Stop people like Kumar1 to access your website. They need to know how to Respect people. He is a shame for entire Indian community. Does not know how to respect people.

    He deserves to be kicked out from this forum.

    Ms. Murthy may same age of his Mother. These folks do not know how to respect.

    She is realistic on her message on her website and Murthy/Rajiv S Khann never engaged in any hype.

    So sad to see these messages.

    Have Kumar's IP and Account information ready. Ms. Murthy might be reading this thread and might need. Most of the sites tacks IPs and users system information
    Regards





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  • virtual55
    02-20 08:44 AM
    http://immigrationvoice.org/media/Flyer_Formated.pdf



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  • tonyHK12
    12-03 05:24 PM
    A more aggressive statement (for selling) not too far from the truth...

    There are 400-500,000 waiting in EB queues. Most of them would prefer to leave the country, than wait for 10-20 (30?) years for a green card.
    Also at least 65,000 workers come in every year. We will also lose most of this every year unless GC is fixed.

    (I am not talking about those who want to stay for 2-4 years only and go back)





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  • H1B-GC
    05-27 08:30 AM
    As long as a person is meek and weak, that's what we get - Nothing. With AOS pending, every person in most states are bound to get 1 year renewal..Period. Be forceful but polite in expressing it. Take it to the next level - Supervisor.Ask what they mean or definition of "old I-485". Tell them you are Paying all Taxes (Federal, state, Social, Medicare.... ).

    By the time you come hear, mostly probably, the agent might have approved a 1 year Renewal.

    Seems FAIR is slowly creeping into DMV also.



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  • learning01
    04-12 12:33 PM
    As I had already posted in the news article thread (http://immigrationvoice.org/forum/showpost.php?p=8552&postcount=225), this is an exhaustive article with a bold and thought provoking headlines. The article can be accessed here - http://www.newsobserver.com/104/story/427793.html

    Many skilled foreigners leaving U.S.
    Exodus rooted in backlog for permanent status

    Karin Rives, Staff Writer

    When the Senate immigration bill fell apart last week, it did more than stymie efforts to deal with illegal immigration.

    It derailed efforts to deal with an equally vexing business concern: a backlog in applications for so-called green cards, the coveted cards that are actually pink or white and that offer proof of lawful permanent residency.

    Many people now wait six years or longer for the card. There are 526,000 applications pending, according to Immigration Voice, an advocacy group that tracks government data.

    Lately, this has prompted an exodus of foreign workers who tired of waiting, to return home or go further afield. With the economies in Asia and elsewhere on the rise, they can easily find work in the native countries or in third nations that are more generous with their visas.

    "You have China, Russia, India -- a lot of countries where you can go and make a lot of money. That's the biggest thing that has changed," said Murali Bashyam, a Raleigh immigration lawyer who helps companies sponsor immigrants. "Before, people were willing to wait it out. Now they can do just as well going back home, and they do."

    Mike Plueddeman said he lost three employees (one a senior programmer with a doctorate) at Durham-based DynPro in the past two years because they tired of waiting for their green cards.

    All three found good jobs in their home countries within a few weeks of leaving Durham, said Plueddeman, the software consultancy's human resource director.

    "We are talking about very well-educated and highly skilled people who have been in the labor force a long time," he said. "You hate losing them."

    This budding brain drain comes as the first American baby boomers retire and projections show a huge need for such professionals in the years ahead. U.S. universities graduate about 70,000 information technology students annually. Many people say that number won't meet the need for a projected 600,000 additional openings for information systems professionals between 2002 and 2012, and the openings made by retirements.

    "We just don't have the pipeline right now," said Joe Freddoso, director of Cisco Systems' Research Triangle Park operations. "We are concerned there's going to be a shortage, and we're already seeing that in some areas."

    Cisco has advertised an opening for a data-security specialist in Atlanta for several months, unable to find the right candidate. Freddoso believes the problem will spread unless the government allows more foreign workers to enter the country, and expedites their residency process.

    However, not everybody believes in the labor shortage that corporations fret about.

    Critics say that proposals to allow more skilled workers into the country would only depress wages and displace American-born workers who have yet to fully recover from the dot-com bust.

    "We should only issue work-related visas if we really need them," said Caroline Espinosa, a spokeswoman with NumbersUSA, a Washington, D.C., group pushing for immigration reduction. "There are 2.5 million native born American workers in the math and computer field who are currently out of work. It begs the question whether we truly need foreign workers."

    She added that the immigration backlog would be aggravated by raising the cap for temporary and permanent visas, which would make it harder for those who deserve to immigrate to do so.

    Waiting since 2003

    Sarath Chandrand, 44, a software consultant from India, moved with his wife and two young daughters from Raleigh to Toronto in December because he couldn't live with more uncertainty. He applied for his green card in early 2003 and expects it will take at least two more years to get it.

    His former employer continues to sponsor his application for permanent residency, hoping that he will eventually return. But Chandrand doesn't know what the future will hold.

    "I miss Raleigh, the weather, the people," he said in a phone interview. "But it's a very difficult decision to make, once you've settled in a country, to move out. You go through a lot of mental strain. Making another move will be difficult."

    Canada won him over because its residency process takes only a year and a half and doesn't require sponsorship from an employer.

    The competition from Canada also worries Plueddeman, who said several of his employees are also applying for residency in both countries. "They'll go with whoever comes first," he said.

    And it's not just India and Canada that beckon. New Zealand and Australia are among nations that actively market themselves to professionals in the United States, with perks such as an easy process to get work visas.

    New Zealand, with a population of 4 million, has received more than 1,900 applications from skilled migrants and their families in the past two years, said Don Badman, the Los Angeles marketing director for that country's immigration agency. Of those, about 17 percent were non-Americans working in the United States.

    Badman's team has hired a public relations agency to get the word out. They have also run ads in West Coast newspapers and attended trade shows, mainly to attract professionals in health care and information technology.

    Dana Hutchison, an operating room nurse from Cedar Mountain south of Asheville, could have joined a hospital in the United States that offers fat sign-on bonuses. Instead, she's in the small town of Tauranga, east of Auckland, working alongside New Zealand nurses and doctors.

    "It would be hard for me to work in the U.S. again," she said. Where she is now, "the working conditions are so fabulous. Everybody is friendly and much less stressed. It's like the U.S. was in the 1960s."

    Limit of 140,000

    Getting a green card was never a quick process. The official limit for employment-based green cards is 140,000 annually.

    And there is a bottleneck of technology professionals from India and China. They hold many, if not most, of all temporary work visas, and many try to convert their work visa to permanent residency, and eventually full citizenship. But under current rules, no single nationality can be allotted more than 7 percent of the green cards.

    In his February economic report, President Bush outlined proposals to overhaul the system for employment-based green cards:

    * Open more slots by exempting spouses and children from the annual limit of 140,000 green cards. Such dependents now make up about half of all green card recipients, because workers sponsored by employers can include their family in the application.

    * Replace the current cap with a "flexible market-based cap" that responds to the need that employers have for foreign workers.

    * Raise the 7 percent limit for nations such as India that have many highly skilled workers.

    After steady lobbying from technology companies, Congress is also paying more attention to the issue. The Senate immigration bill had proposed raising the annual cap for green cards to 290,000.

    Kumar Gupta, a 33-year-old software engineer, has been watching the legislative proposals as he weighs his options. After six years in the United States, he is considering returning to India after learning that the green card he applied for in November 2004 could take another four or five years.

    Being on a temporary work visa means that he cannot leave his job. Nor does he want to buy a home for his family without knowing he will stay in the country.

    "Even if the job market is not as good as here, you can get a very good salary in India," he said. "If I have offers there, I will think of moving."

    Let's utilize this write up and start quoting the link in our personal comments / emails to other news anchors, commentators, blogs etc.
    I thought this deserves it's own thread. Please comment and act.





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  • cagcwait
    02-21 05:00 PM
    Info posted by BerkeleyBee in a different thread. This should be in the Resources section..


    ************************************************** ********

    BerkeleyBee's post in CA - Meet the Lawmakers thread
    Meeting with Dianne Feinstein's staff

    --------------------------------------------------------------------------------

    Feb 15, 2006

    Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
    Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.

    We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.

    TAKEAWAYS

    1.Getting the Word Out to Lawmakers

    � They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
    � The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
    � They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible

    BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.

    2.Content

    � They repeatedly said they were impressed with our presentation (go check it out).
    � They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
    � They liked the fact that we printed and bound two copies of the presentation to give them.
    � We also gave them copies of our tri-fold brochure
    � We also gave them a number tabbed, bound copy of the following

    -Must Read Documents on Legal Skilled Immigration

    a) CIS Ombudsman's Report:
    http://www.dhs.gov/interweb/assetlib...eport_2005.pdf

    b) GAO Report on Backlogs at USCIS
    http://www.gao.gov/new.items/d0620.pdf

    c) Exec Summary of NAS Rising Above a Gathering Storm
    http://fermat.nap.edu/catalog/11463.html

    d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
    http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html

    e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
    http://www.whitehouse.gov/cea/ch2-erp06.pdf

    3.Action Items
    � We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
    � They wanted to know more about how our meetings with other lawmakers are going.
    � I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
    � They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.

    BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.

    4. Lessons for future meetings with lawmakers/ Lessons for other states
    � Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
    � Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
    � Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
    � Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
    � Ask how you can follow up with them, what they would like you to do
    � Write to thank them for their time and reiterate your basic points



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  • rajarao
    07-30 01:10 PM
    Congratulations on your approval. Yor are really lucky and we envy you.

    I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.





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  • rajenk
    07-19 07:27 PM
    What if the company with your first 140 withdras th applciation (assuming 140 was approved for more than 180 days and I485 is also pending more than 180 days)
    Also when you join the new company what kind of benefits you get in term of Salary/ Position/ Promotion?

    It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.

    The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!



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  • go_getter007
    12-19 05:18 PM
    I withdrew my EB1 485 prior to filing EB3 485. Moreover, I specifically wrote on my EB3 485 form about my EB1 485 withdrawal and gave prior A#'s as well. I was assigned the same A# in EB3 but my wife got a different number from EB1.

    GG_007




    Multiple I-485 Filings Not Advisable
    �MurthyDotCom

    While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.


    I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.





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  • VisaExpert
    08-18 04:53 PM
    The above blog doesn't have up to date information. I had my visa appointment last month and it went very smooth. I felt confident too not only about the interview but also about the surroundings......thanks to the blog below.
    H1B Visa Stamping Tijuana, Mx (http://www.tijuanah1b.blogspot.com)



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  • LCtank
    05-19 01:53 AM
    To be honest I don't like the title, but it's good to have our voices heard loudly, anyway.





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  • GoneSouth
    07-11 10:57 AM
    Hi Folks,

    Just thought I'd share with the group, I recently received my I-140 approval. I did it premium processing through the Nebraska service center (I think) and the application was approved in 3 days (!) - submitted 06/25, premium processing fee check cashed 06/26, approval 06/29.

    Now if only they had premium processing for I-485s ! (I was impacted by this recent visa bulletin thing unfortunately ... my PD was current in June but now I have to wait till Oct to file I-485 ... sigh).

    - GS





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  • njdude26
    08-26 12:35 PM
    Does MBA help you qualify under STEM?

    Is it accredited university?

    You will get some relief if SKIL goes through because so many people will be exempted from cap. why do you want to break your back by studying for another degree whihc you are not interested 100%i dont know if i will be breaking my back ! i think it will just make my pocket lighter !

    how do i find out which univerisity is accredited or not ?





    ca_immigrant
    12-19 07:32 PM
    This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.

    ...lol......old age brings some mental issues....I like that ;)

    take it easy folks....just ignore what Pat B@#$#@% wrote.......
    only a jacka** (who probably does not want to work hard) like Pat would be worried about loosing his job to others.....





    wandmaker
    08-26 08:39 AM
    Hi,
    I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?

    Greatly appreciate your reponse.

    Rgds,
    Vani

    Yes, It is possible - In fact, for one of my H1Bs, I never received the H1B receipt notice but received the approval notice on time.

    For the best answer, you need to answer the below-

    Did you pay the H1B fee?
    To whom you have addressed the check to?



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