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  • sbabunle
    03-28 04:18 PM
    Dear Coolstonesa
    No I did not forget the pain of that LC. And I'll never forget that in my life either. All that I said was we should prioritize our issues. If everybody says PBEC issue is the once that should get more focus, I've no problem with that
    either.

    All that I was trying to say is that now is the time to take care of retrogression. If we miss this chance
    we may have to wait a long time. We will get more time to work on BECs down the lane. And nobody is
    seeing BEC issue a non serious one. Everybody understands it.


    thank you and good luck to all
    babu.





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  • qplearn
    10-12 12:26 PM
    Sorry I did not read this thread before. Just a simple question: should we use nycgal's draft?





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  • sands
    11-04 06:24 PM
    5K limit has been removed since long back,now its allowed upto 100,000 K dollars as gift from India but you have just have to prove that the amount doesn't have tax liability left on it.





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  • coopheal
    03-10 01:59 PM
    The poor response is because we are not together and we truly do not believe in our goal. With the assumption that 90% of IV members are Indians, I can safely say this is innate in our culture - we want to get the benefit without working for it AND once we get the benefit, we give a damn about the rest of "them". :mad:

    I do not see you being listed as a donor.






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  • JunRN
    05-29 12:41 PM
    My analysis is that immigrants tend to be better educated than native born because we (immigrants) need to double our effort to succeed. We learn proper English and try to correct our spelling. Native Americans speak English from the day they were born and sometimes can't translate the spoken words to letter.

    I don't believe that there are races who are brighter or better than others. It's more of a culture and upbringing that makes the difference. Imagine those Spelling bee winners, who are now accustomed to US way of living. When they grow up, got their own family, will they instill the same values as their parents did or will they be like American Dad/Mom, who let their children pursue whatever they want?

    I guess 3rd or 4th or 5th generation Indian-Americans will not differ from any other Americans in their values and upbringing. We will all get Americanized, in some way.





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  • mnkaushik
    02-09 03:25 PM
    Reno, could you please give us more information about your and your friends' experience :

    - What your qualifications are.

    What the Sr. software engineer job requirements were. Things like:
    - Education
    - Experience

    and also more info about your experience with PERM:
    - Processing center. Chicago or Atlanta?
    - Processing time.
    - Any audits?
    - Any business necessity documentation requirements?

    I know I'm asking for a lot of info but I think it would be extremely helpful for many folks who are preparing to file under EB2 to avoid regression.


    My wife applied for LC as Business Analyst with Bachelors and 5 years of Exp.

    My wife has done her Bachelors in Engineering from Bombay. She had more than 7 years of exp at the time of filing. The job required 5-7 years of exp with abachelors Degree.

    She applied to Atlanta center and it took around 5 months and no audits that we know of. thenshe applied for her I 140 which took around 3-4 months. There was an RFE for exp letters since the lawyers did not give it during her I 140 filing. After the lawyers responded to her RFE, her I 140 was approved in 15 days. Now she is waiting to apply for I485.

    I hope this gives u an idea that u can apply for EB2 as BA if the job requires Bachelors and 5-7 years of exp.






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  • lazycis
    11-29 02:05 PM
    You've got it.
    You do not have to copy the USCIS. Be nice and polite. Explain that you applied for EAD more than 90 days ago. Provide your I-765 receipt number.
    Ask them to follow procedures in Aytes memo. Show the memo. Ask them to contact NSC where your I-765 is pending and alert them about your situation. (Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim). Ask them to provide Notice to you acknowledging status inquiry. If IO refuses to do that, ask to talk to the supervisor and repeat the above. It works. Basically, the federal regulations require them either to issue EAD in 90 days or issue interim EAD.





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  • Hassan11
    07-20 02:45 PM
    The short answer is most republicans voted yes for the senator Cornyn's bill to recapture the unused employment -based visas from previous years and almost all Democrats voted No (except Murray democrat from Washington voted yes for the bill. I guess Microsoft does have influencial power on the senator from Washington state)

    see the info here about bill: http://www.immigration-law.com/Canada.html

    Yesterday, Senator Cornyn introduced on the Senate floor Amendment 2339 to H.R. 2669, FY 2008 Budget, proposing the following temporaary relieffor the employment-based immigrants. Sadly, the bill was rejected by 55 Nays, 40 Yeas, and one No Vote. Do your want to know who voted against this bill? Click here.
    SEC. __. EMPLOYMENT-BASED VISAS.

    (a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

    (1) in paragraph (1)--


    (A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';
    (B) by striking ``or 2004'' and inserting ``2004, or 2006''; and
    (C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

    ``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));
    ``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and
    ``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

    (2) in paragraph (2)--

    (A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and
    (B) in subparagraph (B), by amending clause (ii) to read as follows:

    ``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
    ``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
    ``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

    (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

    (1) in clause (vi), by striking ``and'' at the end;
    (2) by redesignating clause (vii) as clause (ix); and
    (3) by inserting after clause (vi) the following:

    ``(vii) 65,000 in each of fiscal years 2004 through 2007
    ``(viii) 115,000 in fiscal year 2008; and''.

    This reporter asks the readers to join him to extend our "THANK YOU" to the Senator Cornyn for continuously supporting the American businesses, foreign brains, and employment-based immigration. This reporter also urges the readers to send a thank-you email for his support.
    We are proud of the Senators from Minnesota, Norm Coleman (R) and Amy Klochubar, by setting aside the partisan politics and casting bi-parisan support for this bill. THANK YOU, and THANK!!

    here is the list of the senators of their votes:

    U.S. Senate Roll Call Votes 110th Congress - 1st Session

    as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate


    Vote Summary

    Question: On the Motion (Motion to Waive Cornyn Amdt No. 2339 )
    Vote Number: 266 Vote Date: July 19, 2007, 11:00 PM
    Required For Majority: 3/5 Vote Result: Motion Rejected
    Amendment Number: S.Amdt. 2339 to S.Amdt. 2327 to H.R. 2669 (College Cost Reduction Act of 2007 )
    Statement of Purpose: To provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses.
    Vote Counts: YEAs 55
    NAYs 40
    Not Voting 5
    Vote Summary By Senator Name By Vote Position By Home State


    Alphabetical by Senator Name Akaka (D-HI), Nay
    Alexander (R-TN), Yea
    Allard (R-CO), Yea
    Barrasso (R-WY), Yea
    Baucus (D-MT), Yea
    Bayh (D-IN), Yea
    Bennett (R-UT), Yea
    Biden (D-DE), Nay
    Bingaman (D-NM), Nay
    Bond (R-MO), Yea
    Boxer (D-CA), Nay
    Brown (D-OH), Nay
    Brownback (R-KS), Not Voting
    Bunning (R-KY), Yea
    Burr (R-NC), Yea
    Byrd (D-WV), Not Voting
    Cantwell (D-WA), Yea
    Cardin (D-MD), Nay
    Carper (D-DE), Nay
    Casey (D-PA), Nay
    Chambliss (R-GA), Yea
    Clinton (D-NY), Nay
    Coburn (R-OK), Yea
    Cochran (R-MS), Yea
    Coleman (R-MN), Yea
    Collins (R-ME), Yea
    Conrad (D-ND), Nay
    Corker (R-TN), Yea
    Cornyn (R-TX), Yea
    Craig (R-ID), Yea
    Crapo (R-ID), Yea
    DeMint (R-SC), Yea
    Dodd (D-CT), Nay
    Dole (R-NC), Yea
    Domenici (R-NM), Yea
    Dorgan (D-ND), Nay
    Durbin (D-IL), Nay
    Ensign (R-NV), Yea
    Enzi (R-WY), Yea
    Feingold (D-WI), Nay
    Feinstein (D-CA), Nay
    Graham (R-SC), Yea
    Grassley (R-IA), Yea
    Gregg (R-NH), Yea
    Hagel (R-NE), Yea
    Harkin (D-IA), Nay
    Hatch (R-UT), Yea
    Hutchison (R-TX), Yea
    Inhofe (R-OK), Yea
    Inouye (D-HI), Nay
    Isakson (R-GA), Yea
    Johnson (D-SD), Not Voting
    Kennedy (D-MA), Nay
    Kerry (D-MA), Nay
    Klobuchar (D-MN), Yea
    Kohl (D-WI), Nay
    Kyl (R-AZ), Yea
    Landrieu (D-LA), Yea
    Lautenberg (D-NJ), Nay
    Leahy (D-VT), Nay
    Levin (D-MI), Nay
    Lieberman (ID-CT), Yea
    Lincoln (D-AR), Nay
    Lott (R-MS), Not Voting
    Lugar (R-IN), Yea
    Martinez (R-FL), Yea
    McCain (R-AZ), Yea
    McCaskill (D-MO), Nay
    McConnell (R-KY), Yea
    Menendez (D-NJ), Nay
    Mikulski (D-MD), Nay
    Murkowski (R-AK), Yea
    Murray (D-WA), Yea
    Nelson (D-FL), Nay
    Nelson (D-NE), Yea
    Obama (D-IL), Not Voting
    Pryor (D-AR), Nay
    Reed (D-RI), Nay
    Reid (D-NV), Nay
    Roberts (R-KS), Yea
    Rockefeller (D-WV), Nay
    Salazar (D-CO), Nay
    Sanders (I-VT), Nay
    Schumer (D-NY), Yea
    Sessions (R-AL), Nay
    Shelby (R-AL), Yea
    Smith (R-OR), Yea
    Snowe (R-ME), Yea
    Specter (R-PA), Yea
    Stabenow (D-MI), Nay
    Stevens (R-AK), Yea
    Sununu (R-NH), Yea
    Tester (D-MT), Nay
    Thune (R-SD), Yea
    Vitter (R-LA), Yea
    Voinovich (R-OH), Nay
    Warner (R-VA), Yea
    Webb (D-VA), Nay
    Whitehouse (D-RI), Nay
    Wyden (D-OR), Yea

    Vote Summary By Senator Name By Vote Position By Home State






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  • Dhundhun
    06-26 04:22 AM
    Hi
    I am applying for AP (new). Are they issued with 1 year validity or 2 years ( now that EAD is being given for 2 years)?

    I have not heard 2 year AP yet from USCIS. As far as EAD is concerned, we will start getting 2 year EAD from Jun 30.

    There was some proposal of single EAD/AP card, but heard no progress on that.





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  • aadimanav
    07-17 12:44 PM
    I just sent the petitions to Illinois setators Richard Durbin and Barack Obama and my local representative Timothy Johnson.

    For those like me, who have no idea who the senators are and who is your local representatives, use the following link:

    http://directory.usayfoundation.org/



    That's great. Let everyone know if you get some reply.






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  • thomachan72
    12-31 10:34 AM
    Hi Thomachan thanks for the good advice but just curious; Do you really practice what you preach??:confused:

    Nope:D but its always easy to advice others:D:D;);)





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  • she81
    09-27 04:46 PM
    Hmm, that sounds cool - consolidating the qualifications into a huge stack to make an impact. I second that.

    This was discussed before and I cannot find it now..but here is an extension of the degrees idea.

    1. Get everyone involved in the GC process to make a copy of their degrees/ qualifications/ certifications/ patents/ papers/ publications/ etc

    2. Format it into standard size (perhaps A4)

    3. Get a stamp on each of those sheets that says 'TRASH' or something else - maybe 'REVERSE BRAIN DRAIN' or 'KEEP TALENT IN THE US' - we can work that out.

    4. Get each State Chapter to create a binder/ maybe more if we can get enough participation.

    5. We can submit a copy of that to local congressman and senators. We can also put all states together and send that to the White House, perhaps.

    This will take a lot of coordination from all state chapter...but it is doable.
    Any thoughts???

    Please don't shoot me down if you don't like it :) I just wanted to put my 2 cents in :p






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  • gapala
    02-15 02:26 PM
    If you really look at who is paying less and misusing the H1-B and L1 to manipulate the job market, its the big offshore companies who bring the less experienced folks from India/China and other asian countries into US. These biggies pay way too less (52 to 57K) to these folks than what the conultants who work for local consulting companies make.

    They apply for 1000's of H1B's and L1's showing the positions in US but 60% of the folks works back in their offshore centers in China or India with H1B/L1 stamped on their passport. Question is, if they applied for H1B / L1 based on an existing position in US and gets approved, why is that folks are still working in India or China center? Doesn't that mean they faked the position?

    When we consolidated the vendors and excluded all the local consulting companies to include only two of the big offshore companies, we have seen their consultants brought onsite leaving them after few months at our group to join local consulting companies for better pay.

    To me, they manipulate the job market displace americans much more than the local consulting companies.

    I truely hope CIS look deep into these manipulations and frauds as well.





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  • Michael chertoff
    02-08 05:23 PM
    Try Tri Valley

    Dear friend, Please dont make fun of him. he is asking a genuine questions, if you can answer then answer otherwise just keep quite. I can understand his pain, where so many new kids qualify for EB2 without any experience this gentleman is looking for MS degree to prove his 17 years of experience for EB2.

    Thanks

    MC






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  • miguy
    05-15 10:00 AM
    I didn't know we could file for both simulataneously. I thought it is either one or the other. Can someone clarify?





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  • ivdude
    04-15 02:08 PM
    It would be very helpful, if people share names these of employers.






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  • a1b2c3
    10-20 10:57 PM
    In Dec DOS will move the EB2I date to april 01, 06. And USCIS exhaust the visa number by approving the 06 cases and retrogress back to april 01, 03.
    And whoever has the 03 and 04 PDs will be screwed as usual.:mad:
    It is not just the USCIS , DOS is also the culprit.

    If that happens, it will give me a stronger reason to return to India. In fact, at times I feel that is exactly what's going to transpire. The dates probably will keep inching forward and then make a U turn somewhere and I'll be back in India much sooner. And I don't think it would be that bad considering growth opportunities back home and of course our accumulated savings which will go out of the country along with us.





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  • aadimanav
    08-19 12:24 AM
    Bumping one more time.

    :)





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  • gc101
    07-19 01:57 PM
    My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance


    If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!

    gunsnkars/raj2078 or anybody,

    Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.

    Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.

    Please remember that my fiancee is already on H1-B currently in India. I am from India too.

    Thank you,
    gc101





    Macaca
    06-15 08:31 PM
    DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
    USCIS is not able to provide a good estimate of this number because

    it can not calculate this number based on USCISs workload, and
    it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.


    The following are from page 35 and beginning of page 36

    The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
    The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.





    pankaj_n
    04-20 09:00 AM
    Hi Pankaj,
    Was your case rejected due to the number of years of education (10+2+3+2 = 17)?

    What if it is 3 + 3 ( 3 year Bsc Physics + 3 Year MCA) 10 + 2+3+3 = 18? I am wondering if USCIS would consider this equivalent to US masters? Came across a memo used by Nebraska Service center that says USCIS would consider 3+3 equivalent to US masters, but that memo was from 2006.

    yes my case rejected due to number of years of education.
    My case they rejected because i have 3 year Bsc and 2 year master now funny thing is that i know my friend who did similar course from same university but he did same master degree like me but in part time so he complete in 3 years and he got approval in 2009.



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