Thursday, June 23, 2011

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  • jonty_11
    07-06 01:42 PM
    we really need this benefit....or else we may have our hair on fire....
    Rumor has to be true..or else I am ......................going to Canada




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  • maddipati1
    12-16 01:22 PM
    one of my close friend grew from a regular programmer to the position of VP in the span of last 6 years. he is facing lot of issues with GC.

    clearly mirage didn't mean growing to the position of exactly VP. he meant a higher and slightly different position, for example an IT Manager. It is not that uncommon, for a IT Progmr who works in the same company for 5-6 years, offered a Manager position.

    desi, this is argument is going nowhere, ur intentions in the begining are good and i welcome ur critique, but leave it when recepeints aren't taking it. it became argument just for the sake of supporting ur argument.





    BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.




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  • newtoearth
    08-23 10:05 AM
    Eligibility Criteria


    Sub-Categories
    Description
    Evidence

    Advanced Degree
    The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
    Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.



    Exceptional Ability
    You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
    You must meet at least three of the criteria below.*

    National Interest Waiver
    Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
    You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.




    * Criteria
    Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
    Letters documenting at least 10 years of full-time experience in your occupation
    A license to practice your profession or certification for your profession or occupation
    Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
    Membership in a professional association(s)
    Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
    Other comparable evidence of eligibility is also acceptable.




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  • mpadapa
    08-13 05:18 PM
    This the time to unite rather than giving up.
    Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.


    Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.

    Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.

    Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.



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  • seahawks
    07-06 02:34 AM
    let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault

    yep, they did, they called email me and asked me to contact other people and organize in a state chapter level. They are also helping on getting other people to help me mobilize members from a state chapter level. The point is the sense of urgency on how we need to move forward together. There is absolutely no room for confusion and I agree when people dont see results, there is always suspicion. But to build an organization from scratch is no easy task, we must recognize that and be respectful of people who do put their time and efforts to make things happen. We all must channelize our energy to making this successful. Everyone has their opinions and I respect that, but I am more interested on hearing solutions if you see there is no progress. Simply asking for change but knowing what change means to all of us will have no takers!




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  • reddymjm
    07-14 10:24 PM
    I feel IV actions are hurting EB3-I more than any one. It just my feeling. I contribited close to $500 and my time.



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  • lonedesi
    08-06 08:24 AM
    Raydon, thanks for expressing your situation. But I still feel we are not requesting TSC to expedite our cases. All we are asking his, please do justice to us and follow the FIFO for the I-140 petitions. TSC has been consistently approving cases filed in recently and just continuing to ignore our cases. If you can explain your attorney, I am sure he will understand. Or atleast have him, fill out form 7001 on your behalf and send his own letter explaining the situation to Ombudsman's office.
    I understand that I-140 is employer petition, but it ulitmately belongs to you. So you need to do whatever you can do some how convince your employer or attorney to assist you one time. I-485 is your petition, and you do not need any consent, if you need to send a letter to Ombudsman's office. So please try your best and see if you can mail the form & letter to Ombudsman's office.


    lonedesi,
    Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
    If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.




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  • chanduv23
    05-15 10:27 AM
    dear members,
    please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.

    Ideas and suggestions are welcome.



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  • Sachin_Stock
    08-23 06:58 PM
    Well explained.

    Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years

    Till now there is no proposal to change the above.

    The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.

    The similar kind of restriction should be applied for EB1 - multinational executive quota.


    Thats why I asked earlier whether this memo has anything radically different then what already exists? Nope.




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  • chanduv23
    11-20 08:54 PM
    I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.

    Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer



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  • yoda
    09-13 12:54 PM
    State coordinators and the team from states with a large immigrant population like the IL, MI, FL, GA, AZ.. Where art thou?

    Please remove some time to send the rally information to the important radio stations (Public Radio) and your state's/town's largest newspapers..

    We are on the final leg of our run folks, lets give it the final push!




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  • webm
    03-17 07:44 PM
    H1's are eligible to receive the stimulus package..I got confirmed the same from different people and analysts...



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  • eb3_nepa
    07-05 01:17 PM
    Finally spoke to my congressman's Immigration contact in Bucks County PA.

    He sounded supportive and said he will investigate the matter. I am going to call my state senators Sen Specter and Sen Casey's office as well.

    People in PA, unite and call these lawmakers.




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  • saimrathi
    06-08 04:05 PM
    If you are in EB2, then might as well go for PP for the I-140. Regular at Nebraska is taking 8 months. Given the way dates move erratically, if you get current in the next couple of months (I hope you do, mine is the same PD) you wont have I-140 to worry about, you'll be all set.

    Thanks for the insight. Will opt for PP.



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  • beppenyc
    03-02 12:47 PM
    it`s not working




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  • Tshelar
    06-24 12:55 PM
    Hasn't this been discussed already?

    It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.

    The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
    Every year H1B quota is getting filled withing few days to a week. Majority of H1B applicants eventually land up applying GC in EB2/EB3 category, so america has nothing to lose as it keeps getting the workforce it needs every year.
    Now, in an unlikley scenario in 2009 the H1B quota doesn't get filled then we can say that america is losing.



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  • nixstor
    04-02 12:31 PM
    respecting policies and law is one thing.

    lack of a good implementation plan and improvement over a number of years is another thing.

    We can't just poke around an established government agency because we feel they are not doing their job properly.

    What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.

    I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.




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  • MDix
    03-03 11:16 AM
    I don't think EB3-I would be U for more than a month, as I keep saying this year EB3 would be getting some share of spill-over. So even if it becomes U for April that would be temporarily and it would return back in May.
    I agree. EB3-I would go U for rest of the year.

    Thank's
    MDix




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  • reddymjm
    09-10 09:39 AM
    The greatness of USCIS is unbelievable!!!!!

    When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.

    So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!

    Such a BS to deal with all because of USCIS' GRACE!!!!
    They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..




    smuthu2000
    07-13 06:13 PM
    artesia CA




    john2255
    07-20 04:35 PM
    Kindly understand that
    Yea- YES
    Nay- NO
    Not- Absent from voting.

    Obama was absent from voting- A clever diplomacy.
    Hilary Clinton- Nay(double talk)
    Senators from California- both no ( Big Surprise)

    http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266

    Text of the amemdment.
    http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110xIKs1t:e32253:

    Here is the Senators and their voting pattern.

    Alabama: Sessions (R-AL), Nay Shelby (R-AL), Yea
    Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
    Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
    Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
    California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
    Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
    Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
    Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
    Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
    Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
    Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
    Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
    Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
    Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
    Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
    Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
    Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
    Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
    Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
    Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
    Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
    Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
    Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
    Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
    Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
    Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
    Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
    Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
    New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
    New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
    New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
    New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
    North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
    North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
    Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
    Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
    Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
    Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
    Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
    South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
    South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
    Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
    Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
    Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
    Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
    Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
    Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
    West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
    Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
    Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea



    That means we have lost around 2,40,000 unused visas. I heard that there is a total amount of 3,00,000 unused employment visas of the previous years due to the great efficiency of USCIS. Out of this 61,000 is kept apart for Schedule A nurses and PT's and the remaining 2,40,000 thousand would have been divided amoung employment catagories if the amendment had passed,clearing lot of our backloggs.

    REMEMBER, THE RECAPTURE OF UNUSED VISAS IS ONE OF THE MOST IMPORTANT PRIORITIES OF CORE AND THE DOOR IS SLAMMED ON OUR FACES AGAIN BY HYPOCRITES LIKE HILARY AND CALIFORNIA SENATORS.

    Its the high time we convince the senators who said NAYS. Lets start SOME KIND OF CAMPAIN aiming these guys. I am sure that core's hands are there behind this amendment. Well done IV. Don't get dissappointed, keep trying for Skill bill or for similar amendments. Its really unfortunate that we lost a very very big chance. Lets do something immediately.

    Following is the text of amendment.

    `(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''.



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