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  • saketkapur
    11-11 02:12 PM
    Compete America Congratulates President-Elect Obama

    Last update: 4:31 p.m. EST Nov. 5, 2008

    WASHINGTON, Nov 05, 2008 /PRNewswire-USNewswire via COMTEX/ -- Business and University Leaders Express Optimism that New Administration will Support Much-Needed Reform to Visa Programs for Highly Educated Employees

    Compete America today congratulated President-elect Barack Obama for his victory in yesterday's elections. Compete America, a coalition of corporations, educators, research institutions and trade associations advocating for the reform of out-dated visa policies for highly educated foreign professionals, did not, and does not endorse candidates at any level.

    "We are optimistic that the President-elect and his team understand the critical importance of highly educated foreign professionals to economic growth and job creation. Investing in innovation is one of the most effective ways we can stimulate our economy," said Robert Hoffman, Vice President for Government and Public Affairs at Oracle and Co-Chair of Compete America. "History has shown that top talent living and working in America is a boon to our economy and a proven job creator for quality American jobs."

    Hoffman continued by saying that Compete America was also encouraged that President-elect Obama recognizes the importance of investment in research and supports improving education for science, technology, engineering and math (STEM). Basic research investments and improved STEM education are two critical components of continued U.S. innovation leadership.

    Hoffman noted that during the campaign, the Obama-Biden policy paper on Science and Innovation stated the following:

    Barack Obama supports comprehensive immigration reform that improves our visa programs to attract some of the world's most talented people to America, including improvements in our legal permanent resident visa programs and temporary programs such as the H-1B program. Obama will:

    Reduce the backlog of skilled immigrants waiting to become permanentresidents by increasing the number of employment-based visas.
    Create a "fast track" system that allows foreign students thatreceive advanced technical degrees from U.S. universities to receive an employment-based visa without having to return to their home country.
    Balance visa and export control policies against the possibility that they deter international scientific exchange or send a message to international students, scholars, scientists, and engineers that theyare not welcome in the United States.
    Work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and hold accountable employers who abuse the system and their workers.

    For more information on how highly educated immigration benefits America, please visit http://www.competeamerica.org.

    Compete America ( http://www.competeamerica.org) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.





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  • crazyghoda
    01-30 03:17 PM
    Ok now I am very very confused :confused:

    Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues. After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.

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

    My question is - Is the time I havent been working considered as Out of Status?





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  • arsh007
    01-30 02:45 PM
    Hi,
    I know a good desi firm. The firm takes just $2/hr for the operational expense. If you need more info please send a private message.

    Thanks

    I have looking out for companies to sponsor my wife's H1 (she is currently on H4) here in St Louis, MO. One local company (less than 25 employees) is ready to sponsor my wife's H1 provided the following conditions are met:

    1. Pay H1 costs (including petition and attorney fees)
    2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
    3. Refund of H1 costs after completing 6 months on project.

    I was ready for all conditions except 'paying payroll taxes when not on project'. That would mean paying around $700-$800 each month or more...Its surprising how desi companies can impose such conditions....

    I am still contemplating whether to go ahead with this company or tell him "GO to HELL".......





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  • sweet_jungle
    04-22 12:42 PM
    [QUOTE=caydee]Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.

    I believe two IV members were on the dais. But, I do not know their names. Who were they? Were they the ones who met the Congressman later?



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  • RNGC
    09-18 09:19 PM
    All I want to stress are these keywords in all our prints "Legal - Highly Skilled"





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  • sprash
    02-02 02:46 PM
    Hmm I'm still not sure I follow.

    (Sorry if this a newbie question)

    So if I was laid off and I was working on an EAD, all I need is a letter from any company saying they are hiring me 6 months from now for a salary comparable to that in my LC (with similar job responsibilities etc) and I would be covered in case of an RFE similar to mine?

    Wouldn't that be so easy to get?



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  • delhiguy
    07-04 08:03 PM
    Excellent

    I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

    If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.





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  • pointlesswait
    07-12 05:05 PM
    Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks



    can it be done without the help of an attorney...????



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  • coopheal
    11-12 11:43 AM
    Why should some else follow up on your brilliant ideas. How about you take the lead and contact media in your area with your ideas. If the reporter is interested you can volunteer to be interviewd and also forward the information on the forum so that whoever is interested can also interview.

    I see a problem in such postings. We only come up with ideas and expect someone else to work on them. I do not think at your workplace this is all you do-- Just give ideas and ask your managers and VP and CEO to follow up on your ideas.

    If lobbying does not work then how come you have a 2 year EAD, You filed AOS in July 2007 due to IV, H1B time is decoupled from H4 time for your wife?

    Well said.... A good idea without implementation is just dreaming....





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  • zuhail
    03-10 03:49 PM
    Of all 4 the proposals made by vbkris77,
    I would just stick with one and only one:
    RE-CAPTURING VISA NUMBERS.

    If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.

    I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.

    Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.

    The time is RIGHT NOW.
    It is interesting why IV team is not taking up this one item and start fund raising.
    May be the team has some valid reasons for not doing so. I could only guess.
    But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.



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  • eeezzz
    02-14 11:52 AM
    The spirit of US is to united everyone from different countries and races to live together to be loyal to the same country. But truly they don't want too many immigrants from one or two specific country. That is why they setup the country limit rules. So the population for all the immigrants from differnet places grows up about equally in this country. I think this is normal to every country. I believe every country will do the same if they are facing a lot immigrants. If the other day many immigrants from other countries want to go India, Indian gov. will do the same.

    Just to be curious, where is the fight the OP mentioned. Can OP link us or is it just OP think there is a fight?





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  • tabletpc
    12-20 04:24 PM
    Prioritydate,
    I din;t mean to be so funny as you have realzied from my response.

    My comment was just on the other post.

    Having said that let me also say that....everyone one is tensed in some way or the other just realted with immigration. That does not mean we should stop laughing. of course i don't mean to say this at others cost here..!!!!

    As of your situation....based on what i know....you might be issued RFE..jsut be prepared for a right reason..if you have any.



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  • nixstor
    07-05 01:35 PM
    I think IV should allow only paid members to create a new thread. Any non-paid member wants to create a new thread, then make them pay before creating one.

    Very decent idea. But Its very difficult to implement as we might have to some code tweaks. I myself am not a programmer. I remember Pappu or some one asking for PHP/My SQL help which I believe went unanswered.





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  • Deaddocus
    03-15 07:57 AM
    Modern knights, :D *ducks*



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  • CADude
    02-21 11:19 AM
    Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)

    My co-worker tried that and now has 3 RFE's to respond to.
    Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
    Be very careful-





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  • Legal
    07-05 12:07 PM
    No need to conduct this poll. What's your point? go by the
    majority if they say no?

    Make it 20$ per month and be done with it. Those who couldn't do this
    are unlikely to be helpful anyway.



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  • pmb76
    07-16 09:15 PM
    Someone mentioned that IV has the same web fax facility. Can someone tell us how to use this facility. I registered with the numbersusa site and used their own fax to send out our message. I used the first name, last name and address form fields to put in our message like, "Bunch of Lies", "H1 pay all taxes", Numbersusa is spreading false information". Lets beat them at their own game by sending faxes ourselves and also using their fax service to spread our message. If its a good idea, please register on their site and send out faxes with our message.

    Well said. I totally agree with you. Admin please bump up this thread so we may correct the facts on behalf of numbersusa :D





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  • saatiish
    07-13 10:02 AM
    Here is the source ....
    http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
    Click "Operation of the Numerical Control Process "





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  • downthedrain
    02-03 10:31 AM
    Thanks desi3933, couple more questions...

    do I have to submit only the job offer letter?
    Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
    Do I have to send the W2 from last year?
    Do I have to send 2 paystubs from this year?





    tonyHK12
    02-17 09:57 AM
    Newsletters - will help reach out to wider public. The desi groceries, movie distributors, restaurants send emails and coupons, toysrus, best buy , etc... send emails, coupons, so many organizations do it and I think IV must do it to.

    This is a nice idea, maybe bi-weekly or monthly. No one has an advocacy oriented one and we can take the lead in this. As usual I agree to volunteer for this one. We can get inputs from core/Senior members and the ones meeting law makers.





    Legal
    08-13 04:08 PM
    I think thats AC21 recapture thing...

    AC 21 numbers all have been used up some in 2002, some in 2005-2007. Nothing left from that. This was in a USCIS document that vdlrao posted some time ago.