Monday, June 13, 2011

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  • skynet2500
    05-30 09:53 PM
    Excerpts from same site http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9c1274840ebee3c3852572eb006fde98?OpenDocument
    Reallocation of Immigrant Visa Numbers

    Immigrant visa quotas would be substantially realigned under S. 1348. Our current law provides for a baseline annual quota of 140,000 immigrant visas for foreign nationals immigrating on the basis of employment. In the past several years, a backlog has developed in several employment-based immigrant categories, with multiyear waits for some prospective immigrant workers. The Senate bill would, in the first five years after enactment, increase the quota for merit-based and employment-based cases, in part to address existing backlogs. An estimated 247,000 numbers would be available for work-related immigration. Beginning in the sixth fiscal year after enactment, however, the quota would drop to 140,000 numbers per year. This level would remain in place for at least two years, until approximately the eighth year after enactment, when the quota would rise to a baseline of 380,000 per year, with additional numbers made available for previously undocumented immigrants who become eligible to apply for permanent residence.

    Is the interpretation of current Bill (without amendment) is correct for the work related immigration?

    This looks like good news. This says work related immigration would get 247000 instead of 90000. Who is misinterpreting the bill?




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  • amaruns
    05-29 07:11 PM
    I flew Air France once in 2003. My connecting flight from Paris to Delhi got delayed by 12 hours. When I approached the Air France staff, they told me that since I had an Indian passport, I would have to wait out the entire time in the transit area. Meanwhile, they proceeded to make arrangements for other non-Indian passengers. They even refused to acknowledge my attempts to reason with them, either not replying to me, or replying only in French. I filed a formal complaint afterwards, but never got a reply.

    I have travelled on numerous times since then, but never with Air France. I don't even consider them as an option anymore.

    I had a similar experience in 2004 when I took Air France for the first time (to Delhi, connecting at Paris). It was the last time I ever took Air France.




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  • needhelp!
    02-11 05:05 PM
    Thank you.. Each of us can make a difference in so many ways.

    I am pledging three more letters while the convincing campaign continues..Also trying to get something from my town's Mayor.




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  • chmur
    11-18 09:07 PM
    Join the Nebraska State chapter



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  • walking_dude
    10-05 10:04 AM
    Story so far ( will get updated as story progresses)

    Confirmed



    cagedcactus
    walking_dude
    vs116
    amitga
    swamy
    oldschool
    Alien
    Curious_Techie
    nogc_noproblem (added)
    bestin (updated)
    new_horizon (added - confirmed through PM)
    lakewalker (added)
    GCcomesoon (added)




    Waiting confirmation

    IV2007
    chintu25
    psgprasad

    Others, please come forward and join us




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  • bestin
    10-13 09:33 PM
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^;)


    Confirmed - 14



    cagedcactus
    walking_dude
    vs116
    amitga
    swamy
    oldschool
    Alien
    Curious_Techie
    nogc_noproblem
    bestin
    new_horizon
    lakewalker
    GCcomesoon
    chintu25



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  • ssa
    07-21 03:08 PM
    Please don't start shouting at me for being "anti-BEC-victims", because I'm not. But just consider this. Even if you are able to turn mountains around and get a suit filed against DOL before Sept 2007 they will be be able to get it thrown out or at least get a stay simply by stating they already have a public commitment to clearing all the cases by Sept 2007 so it will be non issue in just couple of months. You will not have strong case till Sept 2007 is actually passed and they have not delivered on the commitment. Sept 2007 is just two months away. Use these months to do your ground work like finding and mobilizing BEC victims etc. and go for the actual action only after Sept 2007 dead line has passed. This way if they really deliver on their promise you would save yourself lot of money and trouble.
    Just my 2 cents. Your grievances are 100% genuine and I do feel for you. Hopefully they will clear this mess soon.




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  • iris0726
    06-14 12:50 PM
    Congratulations for all that fight for so long. I just can�t believe all EB categories are current.
    Sorry for my inexperience of GC process. I am a newbie and have couples questions.
    1. My husband�s LC is approved. Attorney is preparing I-140 (may submit it already), since the date is current. Does that mean we can apply for I-485 at the same time too?
    2. Once submitting I-485, can we leave the country? We have to go back to home country for my husband�s dad pass away 1 year memorial. We have to make that trip, so should we wait until after the trip to submit I-485?
    Thank you thank you.



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  • piyu7444
    03-20 10:01 PM
    Thanks piyu7444.

    Yes there is and it is called visa portability. :)

    Ok, Here's the law says about so called "transfer"

    D. AC21 105 -- Visa portability
    The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:

    (a) the nonimmigrant was lawfully admitted to the United States;
    (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
    (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.

    The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.

    Further it says,

    The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.

    There are few other memo's on this I will try to post the links for reference

    Good information but 'transfer' is a widely used word which is technically incorrect. "Transfer" never happens, its always a NEW PETITION when one switches employer or applies (through an employer) for authorization to work for new or 2nd employer. Probably 95% immigrant community including lawyers use the term 'transfer' but it is indeed incorrect.



    Thanks to all who shared knowledge and pitched in.




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  • ash0210
    02-12 06:28 PM
    Stop amaturish and derogative remarks all the time to forum members. If you feel, I am contributing only after I-485 measures failed then its your mind-set problem..also, will you shut up and mind your business?

    Thanks for sticking with IV!!!. Its a bit ironic that you decided to contribute to IV only after 485 measure failed, which you were opposing. I agree with your message of unity, but that should hold good at all times, irrespective of whether you agree and do not agree with IV. People holding off contributions, heckling IV, questioning IV rationale when they don�t agree with IV is outright selfish and should be avoided at all times.



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  • subrarama
    03-06 07:49 AM
    Hi-
    I have gone through this forum, and do not see a list of the documentation requirements for a H1b transfer.

    Please assist me.

    Ram




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  • inskrish
    09-21 08:47 PM
    Thank you for your honest opinion.

    1) totally understandable
    2) I don't think there was any core member yelling, just a bunch of enthusiastic supporters. But I appreciate the feedback and understand the frustration. It takes different things to motivate different people, which is why I am looking for real feedback to improve moving forward. I'm sure you understand, politely asking once or twice many not get through the flurry of daily posts that happen on this board :)
    3) That's good to know! There is a lot of work to do moving forward. I would suggest your joining your local chapter if you haven't done so already. If you don't have a local chapter - step up and make one! Which leads me to...

    Core chaps and chapesses - I think it would a good idea to overhaul links on the navigation pages to reflect up to date contact members and chapter information.


    Hi Franklin,

    Thanks much for your valuable feedback, and I agree to your points and suggestions.

    Regards,
    IK



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  • WAIT_FOR_EVER_GC
    05-18 09:18 AM
    To nj lawmakers




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  • panky72
    06-26 11:16 PM
    Hi,

    Looks like TSC is working fast approving EAD renewals. How about NSC? Did any one get EAD renewal approved from NSC?

    Thanks

    When I applied for EAD in NSC (paper file) it took 45 days to approve. Now I applied EAD for spouse on June 10th, no update so far.



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  • eb3_nepa
    12-01 10:42 AM
    I like the idea of the flower and pic of Gandhiji :)

    The hunger observance sounds very similar to the rally that i had proposed and QGA did not like that.




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  • theboss2809
    09-28 04:30 PM
    All,
    I was laid off and since then I have been receiving my unemploment insurance from state of texas. I have my EAD and have been actively looking for a job. Now there is a family emergency and I have to go to india. Is it legal to claim my employment insurance from india? Will there be any problem if I claim my benefits from india?



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  • kartikiran
    06-15 04:35 PM
    Eb3 v/s Eb2 is a nonsensical nonproductive meaningless argument. If you actively participate in speaking with the lawmakers, you would know the bogus nature of this squabble. Each one of us has a choice. We can continue with this pissing contest or we could do something to fix the backlogs. We all understand the frustration and anxiety due to the long delays. It is easy to be drawn in meaningless eb2 v/s eb3 quarrel in the virtual world when one is not privy to how things work in the real world.

    If you feel compelled to engage in infra and trivia, please utilize your energy for your benefit by understanding the larger debate so that each one of us can employ our energy to fix our issues. Please use your energy in a positive manner. There is no point of this discussion. It is easy to write/post arguments just to support your own application/position in line. Anybody can do that. But such narrow minded approach will not help even a single soul on this planet, including yours. For those of you who want to continue with this bickering, you can do so at the expense of your own time. And when you engage in such arguments, please remember that whatever you all write or post about this nonsensical back-and-forth is not helping you or your family. But if you are sincere and care for this issue, if you truly care for your issue, then please consider participating actively to meet with the lawmakers to make our voices heard.

    Members who actively engage in the advocacy effort know when we are saying. For example � talk to nearly 125 IV members who lead the lobby day in DC during the past week. They will tell you the bogus nature of this Eb2 v/s Eb2. Stop wasting your energy arguing thing which have no meaning. Please utilize your energy in finding fix for the backlogs because there will never ever be a bill/set of provisions only for Eb3 or only for Eb2.

    Understood every point of yours & I stand by what you said except for the language as it could have been a bit better. Regarding EB3 or EB2, maybe IV should work attaching a provision as part of its CIR work, which makes USCIS determine whether a candidate is in EB3 or EB2 based on the PERM & 140 instead of letting companies & attorneys mention it. If this happens the process will be much better as USCIS controls the categories & applicants do not need to beg a company to throw them into an EB2 basket or EB3 basket. Also, applicants can have certain amount of freedom from the companies.

    When a process is flawed, there is always room for abuse. Of course, the abuse might be minimal, but when we see people with masters & 15 years of experience toiling in EB3 category it pains my heart. It is a fact there could be lesser qualified inidividuals who are in EB2 category, but the companies have managed to use these to hold the employees as hostage.

    Hopefully USCIS someday understands this and takes control of assigning applicants into categories than asking company & attorney to mention.

    Just sharing my two cents. Also, frustrations from EB3 should be tolerated by IV members, instead of beating them with "red dots". Because if we request members to put their time and effort then it would be mostly EB3 members as they are the "worst" affected. I am sure every year between july-sept most of EB2 members will do bulletin-watching & there is nothing wrong in it.




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  • sanju
    04-10 01:44 AM
    I am not blaming the Core at all, they are doing whateven they can given the limited resources, time and influence they have. But, what I am blaming, is the the "holier than thou" attitude which is adopted when distinguishing between those that are the exalted DONORS and those that aren't :)

    oh ya, so you have a problem with donor status? Why don't you start with your cable company and ask them why do they charge you any money? Why don't you ask the gas station, that why do they charge you for the gas? Why don't you argue with the cashier at Walmart about the bill you have to pay if you want something? Its easy to be dismissive of others. Its even easier to fault others and argue that just because no one shared the information, so I have license to throw stones at others. But being an Eb2 highly skilled humanity savior personality that you are, why do you need a 3rd class Eb3 programmer to show you that it cost money to get things done. Why can't you see that in last 8 months this nation was going under a presidential election and nothing got done on any issue, other than bailouts and budget? Why can't you see that nothing has happened in the Congress on immigration for any other group? Why can't an highly skilled highly educated chanakya of this planet not see that it is ok for everyone to praise some immigration lawyers who are known to deliberately delay green card application, but its not ok to ridicule someone sincerely working to fix my issue? Why is it ok for me to track my application all day and not complain even once when some tracker website is asking for money to have my question from a lawyer, but will not leave any stone unturned to put the "burden of proof" of innocence on someone sincerely working to stand-up for me because I am too coward to stand-up for myself?

    Let me help you understand it because it will be too much for your eb2 species brain to understand. Simple answer - You cannot see past the things that you cannot understand. Just go and ask Walmart cashier as to why he/she is charging you money for the things you want? Maybe that will help.


    .




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  • Hermione
    09-25 01:06 PM
    When will EB3 ROW become current, or current for YOU? The answer would be different depending on your exact question.

    Without administrative and legislative changes, the answer to number one is "a very long time" and I think I'd be safe to say that is a conservative estimate. For the record, I'm also EB3 ROW, with a PD of early 2004. I would say that would be current in 3 or 4 years

    There are roughly 200 countries in the world. It is very simple maths to figure out that 200 * 9800 (the 7% limit per country) = about 1,960,000. Its pretty obvious that this is much more than the limit of 140,000 total per annum.. and you begin to see why there is a problem. Sure - each country has a 7% theroetical limit, but not EVERY country will use that in a year. Of ROW countries, UK is pretty close to its 7% per year. Others, like Lichenstein are not (or they would all be in the US and the country would not be just one big vacation home)

    Most countries do not have 9,800 EB applicants every year - in fact, most countries use well under 1,000.

    The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.




    alterego
    09-22 12:02 PM
    All that is being said is very true. Petitioning the US gov't is as American as apple pie. As aspiring Americans we can only be respected for this, if we do it politely and peacefully.

    People who put in a herculean effort (not to be underestimated by anyone here) to organize the rally and surrounding activities, broke their backs trying to lay a platform for the rest of us to communicate our case. It is only natural that when they get the lamest of lame excuses, they feel upset.

    Every one of us has skin in this game. We need to find some way to lend our weight to this issue rather than just passing time on this or other websites. It is really unclear to me why in America, the most free society on the face of the earth, people feel unmotivated, inert, insecure etc to press what is a most legitimate grouse.

    Let me give you a few points that might convince you in this issue. For most of us:

    1) We are here at the behest of our employers or the US Gov't (NIW cases). Not on our own accord or illegitimately.

    2) The US gov't has certified that our jobs do not have suitably qualified americans to take them.

    3) The US Gov't has approved our immigrant petitions.

    4) We are in a period of inordinate delay to complete the steps due to a variety of factors, including bureaucratic delays, inordinately long security checks(BTW bad for both us and the country) and an inadequate supply of visa numbers for the number of approved petitions.

    5) We are asking the US Gov't to fix this issue and treat us fairly and not make us wait 6-10 yrs for no clear reason.

    6) We are asking them to be more straightforward in their policy and to stop sending mixed signals.

    Above all we are doing it in the most American of ways. Peacefully petitioning and lobbying the government. Most broad minded Americans can and do relate to this.




    sobers
    06-30 12:57 PM
    CompeteAmerica press release on SKIL Bill

    http://www.competeamerica.org/news/alliance_pr/20060630_shadegg.html


    I'm sure the AILA guys can get Democrat votes for this measure. After all, they're supposed to be Pro-Immigrant, right??

    IV- i think we ought to send webfaxes to the Reps who've introduced this bill for legal immigrants. This is a concrete step towards honoring America's tradition of welcoming Lawful Immigrants. Could you guys set it up? The least we can do is thank these guys. After all, its not easy doing this with "Crank Tanc" :eek: around...



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