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  • xu1
    08-24 12:20 PM
    Interesting.. I followed the link and got the following numbers of EB AOS for China, India and World as a whole..
    I didn't look at the CP based EB numbers.

    It seems 2005 worldwide has used up all unused 2003 visa numbers.

    EB1 EB2 EB3 (excluding other EB3)

    2005
    CH 6,422 9,346 4,761
    IN 6,336 16,687 23,399
    TOTAL 66,344 43,412 117,156

    2004
    CH 3,939 6,686 4,190
    IN 2,998 16,262 19,962
    TOTAL 31,140 32,711 84,767

    2003
    CH 1,654 2,613 2,619
    IN 1,266 8,536 10,680
    TOTAL 14,700 15,604 44,555

    2002
    CH 4,239 10,518 4,684
    IN 2,820 21,310 17,428
    TOTAL 33,922 43,390 83,767

    2001
    CH 6,482 11,666 4,604
    IN 3,543 21,355 16,405
    TOTAL 42,997 44,949 85,438

    YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)



    2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
    2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
    2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
    2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
    2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
    2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)


    These figures are from this link
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html




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  • clif
    06-12 07:56 AM
    If an employer fires an employee and continues to give severance pay for a couple of months, do they usually cancel H1B immediately or wait for the period of severance pay before cancelling H1B?

    Hi,

    One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.

    Few questions about his H1B visa.

    1. How many days can he legally stay in the US before he finds one more job gets new H1B.

    2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?

    3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?

    4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?


    I would really appreciate if anyone can please help me with this questions.

    Thank you very much!




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  • andy garcia
    10-05 10:37 AM
    The best way to first start the changes to happen is to file a law suit against USCIS. If we can find a bunch of people would have the same kind of application credentials and different PD were the later PD application was approved we can sue USCIS for losses in personal life and career due to their ineffeciency.
    How many of you would be intersted in a law suit like this. If we have even a hunder people to file a law suit we will get more media publicity and our problem will get more recogniction than rallies and lobbying.

    This is what the law says:

    INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.

    What is your argument to sue?




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  • vinabath
    05-15 01:04 PM
    What a coincidence.....

    1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
    2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)

    I do not know what to do, I am thinking couple of situations.


    I. File 485 with EB3.

    Advantages:
    Low Salary Requirements,
    Generic Job Duties,
    Easy to use AC21,
    Already approved I-140

    Disadvantages:
    Possible retrogression,
    So more wait before realizing the dream of actual freedom.

    II. File 485 with EB2 labor (concurrent filing)

    Advantages:
    Less chance of retrogression.
    Quicker path to GC.

    Disadvantages:
    I-140 denial chances
    more money to spend for I-140 and PP
    Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.


    Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.



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  • vxg
    10-19 05:38 PM
    For new investors starting with index funds, mutual funds is best. You can see good value in banking area funds like KBE,XLF or when NASDAQ plunges buy qqqq.
    Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.

    So can anyone provide good online tools to know more about investing on stocks and buying stocks online...

    Thanks




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  • prem_goel
    03-08 09:57 AM
    Hello Ann,
    Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).

    Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.

    If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?


    Hi Prem,

    Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?



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  • shivarajan
    01-26 03:12 PM
    is OP a rant? :rolleyes:




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  • she81
    07-27 08:58 PM
    Can't you upgrade your 140 application to premium (when it becomes available) in that case? Just for peace of mind.

    I 140 and 485 filed concurrently.
    Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)

    will it create any issue for my GC ?



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  • cool_guy_onnet1
    06-01 01:28 PM
    New Immigration Bill Amendment Could Help Keep Foreign Tech Workers In U.S.
    A proposal to create a dual green-card system that favors high tech talent has bi-partisan support in the Senate.

    By Marianne Kolbasuk McGee
    InformationWeek
    May 31, 2007 04:50 PM


    A bi-partisan group of U.S. senators next week is expected to introduce to the immigration reform bill an amendment that proposes to retain a pool of 140,000 employer-sponsored green cards for foreign workers seeking permanent residence in the United States.
    Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah) proposes that the U.S. create a dual green-card system that, in addition to a new merit-point green card system that's proposed in the main bill, would also keep an annual pool of 140,000 employer-sponsored based green cards for foreign workers.

    The revised legislation also proposes the United States establish no limit on H-1B visas for foreign professionals with masters or doctoral degrees in science, technology, engineering and math, or STEM fields.

    "This would set up a complementary and parallel employer-sponsored system to the merit system" said Robert Hoffman, Oracle VP of government affairs and co-chair of Compete America, a coalition of technology companies. "This system would be more like Australia's" where immigration is granted in dual programs that includes employer-based sponsorship and merit points.

    By the U.S. retaining a system allowing employer-based green cards to be issued each year, businesses would have better control over the talent they'd like to keep in the U.S., say tech employers.

    One of the biggest criticisms that tech employers have about the current immigration reform bill being hammered out in the Senate is the proposed merit-based green card system. The process awards individuals with points based on the person's education, skills, and other factors.

    Tech companies complain that a point-based system would shift to government bureaucrats too much control about the kind of talent pool that's available to employers in U.S. Amendment S.1249 proposes retaining employer-based immigration and expanding permanent residency to those foreigners with advanced STEM degrees, said Hoffman.

    The amendment also proposes eliminating caps on H-1B visas issued to foreign students who have advanced degrees from U.S. universities. Right now, in addition to the 65,000 H-1B visas issued each year by the United States, an additional 20,000 H-1B visas are available to foreign students with advanced degrees from U.S. universities. The new amendment would eliminate that annual ceiling for advanced U.S. degrees.

    In addition, the amendment also proposes providing 20,000 H-1B visas annually to foreigners with advanced degrees in STEM fields from foreign schools.

    "Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.

    The amendment also proposes retracting a provision in the immigration reform bill that H-1B visa holders must have degrees that match their jobs. However, under the amendment, an H-1B visa holder with a degree in mathematics could continue to apply for work in a software engineering job, even without the software engineering degree.

    "We're strongly in favor of this amendment," said Hoffman. "It's the single most important amendment in this [immigration] bill," he said.

    Not everyone feels the same way. In a statement, U.S tech-professional advocacy group the Programmers Guild, called the amendment "a declaration of war on American tech workers."




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  • seba
    09-24 10:35 AM
    Hi all,

    I am sure there are people here who started the green card application process but also wanted to go to school (e.g., for MBA) during the green card process. Is it possible to get an F-1 visa to attend school full-time while your green card is still pending?

    I heard during a lawyer's presentation that it is very hard (almost impossible) to get an F-1 visa if you have started the green card application process, since by starting it, you have declared an intent to immigrate.

    However, I have also heard that it is easy to get an F-1 visa even after starting the green card application process, but your green card application will be canceled.

    Please let me know if you have any knowledge or experience in this. Thanks.



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  • siddar
    12-03 05:51 PM
    Candidate should be physically present in USA, on the date of AP approval. Otherwise, that AP is not valid. When the candidate try to enter US, the IO will verify this information and may permit accordingly.
    I-485 application considers abandoned, if a candidate leaves US without any valid Visa to re-enter. Remember, H1 / H4 cannot be stamped after I-485 approval.

    I'm a layman like you, please consult an attorney.




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  • snram4
    01-19 09:42 PM
    People voted Obama just for economy and jobs. I remember when Paulin was announced GOP was leading for 2 weeks. When Stock market started tanking with demise of Lehmen GOP started losing. Imstead of not concentrating on economy he started working on healthcare. So democrats lost. In this situation he will realise now and he will take economy as first priority and immigration will be last 10th priority. Immigration group may have defend many anti immigrant bills and memos in this year. But nothing will be passed either for or against immigrants. Status quo will continue for 2010. This nov Election results will decide CIR 20111

    Every other year, there is election and only this damn. election drives what is done and what is not done in congress year after year. The good old time, bills are passed that are important and good for the general people and this some times was not popular, but now only the issues popular are are being taken and rather than voting on what is good, the law makers tend to go with what people like, and people's likes and dislikes keep changing and the same change work against them sometimes. Also people on one area does not like what is liked in other area and when we have a product that contains both, well the same people now unite and start to not like the final product and this goes on ..... It is same CHANGE that President Obama mentions too often, but the same change is Now liked by Republicans, and Dems did not like the change this time around. Also with the communication revolutions, the election campaign seems to have become much much long.... And Oh !! Well... now our President apart from Health Care Reform, Immigration Reform and climate change issue, also need to work on his re-election from now on, if he doesn't want the change he loves some much, in White House in 2012 election... HOPE - at least people in this group, see CHANGE for better, CHANGE from AOS to LPR .... Now, let us see what will this loss of filibuster majority by Dems do in the interim.... Only time can tell. Change we can believe in !!!



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  • grupak
    03-24 12:44 PM
    Windows Media: http://wamu.org/audio/wamu.asx
    Real Audio: http://wamu.org/audio/wamu.ram
    MP3: http://wamu.org/audio/wamu.m3u

    Mark Bartosik, Software Engineer; Member, Immigration Voice

    Good interview Mark!




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  • pd_recapturing
    04-04 03:25 PM
    It also talks about 180 days rule. On the other hand, they are still sending denial notices to ppl whose 140 have been revoked by the employer.

    "In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"



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  • kak1978
    06-04 10:06 AM
    I had a account in Bank of America, and they sent me a letter when i asked them to send a "Account verification letter for Immigration purposes" They charged me $10 for that and took around a week. See if you can open a account at a local bank and try transfering the money to that account, Before you decide on opening a account , confirm if they issue such a letter.




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  • msingh
    06-12 09:06 AM
    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).



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  • Maverick_2008
    02-22 09:32 PM
    Even TSC is getting s..l..o..w now for 140.

    Maverick_2008



    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    TSC
    485: went from May 24 to April 10, 2007 :(
    140: June 23, 2007
    NSC
    485: July 30, 3007
    140: Jan 22, 2007




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  • needinfo80
    09-08 11:47 PM
    Got medical RFE at 485 stage.Here are RFE details :

    The civil surgeon's signature on the supplement Form to I-693 submmitted with your application to adjust status is photocopy and is therefore unacceptable.Your original Supplement Form to I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enlclosed Supplemental Form I-693 to the civil surgeon who administered your vaccinations.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the Supplemental Form to I-693 and place it in a sealed envelope before returning it to you.
    The medical examination report,Form I-693 submitted with your application to adjust status ,also contains a photocopied signature and is therefore unacceptable.Your orginal Form I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enclosed Form I-693 to civil surgeon who conducted your medical examination.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the medical examination recorded on the I-693 and must sign and date the form in the space provided.

    Did anyone receive similar RFE?If yes,how did you handle this RFE?
    Do I need to take the tests again?
    Can doctor fill a new form based on the previous results.

    Appreciate your help and guidance in this matter.
    Thanks




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  • rolrblade
    03-18 08:14 AM
    Hi,

    My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

    Please let me know if someone has similar experience with the following:

    1. Is there any salary restriction on increase from current salary percentage wise?

    2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

    Thanks
    Answers below:

    1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
    2. I have used AC21 before. Have not done EAD renewal yet.




    reddyram
    07-18 03:24 AM
    That is to frighten you. US law : You can leave anytime. Indian law ? maybe they can take u to court and pin you down - but they have to serve u ...and u r in US
    Leave man........




    imm_pro
    02-27 12:47 PM
    wow..this is probably the first time DOL has presented the data in such a nice manner..
    it should be a slap on the face of all those who oppose skilled immigration,saying that most of the h1bs work for indian outsourcing companies for miserable pay..
    This data completely contradicts that myth..out of the top 10 companies that filed for labor in 07..9 are american and 50% or more have a graduate degree..



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