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  • nixstor
    07-04 03:25 PM
    To reflect the discussion.





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  • eb2waiter
    05-28 06:16 PM
    You should rather analyze how many people from India made innovations like starting a company, a technology, patenting a process etc, on H1B versus on GC?.

    Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.

    Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.

    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.





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  • rockstart
    08-05 12:05 PM
    I agree, FP does not have anything to do with namecheck. I never received my FP for 15 months but inbetween when I took infopass - it was confirmed that my name check was done


    I was under the same impression that it was FP that triggered the name check. But this is what the lawyer told them that their names were struck in NC and that is why they never got FP and now that NC is over they received FP notices. The interesting part is that within 3 weeks of FP one person got a notice that his application has been sent to USCISlocal office for further processing which I assume means interview notice in few days.





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  • Asian
    09-15 10:30 AM
    For those who already received GC, it is trivial. For us who have not received it yet, it is a life or death matter. So please don't play with it. I hate to meet the green card holder who brags as if it were nothing.



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  • kumar1
    02-01 01:26 PM
    Thank you. I agree with you 100%.

    Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

    I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

    Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

    If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

    Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

    What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?





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  • ebizash
    09-05 04:27 PM
    Yes. AC21 has nothing to do with AP directly.
    But it enables job easy change into a similar job if you have EAD. And that provision is predominantly used by people going thru the AOS process.
    When they use AC21 to change jobs, they are strictly in AOS and not in another visa status.
    My point was that when AC21 was made, they did not look at all the down stream impacts.

    anyways... lets not argue about AC21<->AP.

    Since DOS routinely updates their forms, why can't the the form used for AP be updated to change its wording?
    Can this be approached as an administrative fix?

    You can use H1-B transfer under AC-21 so you don't loose Non Immigrant visa just because you used AC-21 provisions.



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  • sayantan76
    09-22 09:54 AM
    First it wasn't 1000, we had over 2000 people registered and many joined after or did not register. So please don't say 1000, it is extremely painful for everyone who attended to be considered as "not counted".

    1. Politically having a rally in D.C makes it more visible for all the law makers there. Laws/amendments and all the political activity happens there. Rallies else where would make it to one or two news cycle but won't be remembered after wards.

    2. Meeting lawmakers, staff from various constituents wrapped around an event like a rally helps a lot in getting the message across. It raises a lot of awareness.

    3. I would have agreed with you that numbers like 100,000 matters, but after being there and seeing the amazing capabilities of IV to organize meetings and having members meet over 100+ meetings with law makers, staff, talking to to them, sharing personal stories, advertisement and media campaigns around D.C has convinced me that it has and will make a difference! Personally for me, it was an eye opener on how the system works and I totally understood exactly why IV leaders set it up this way just by being around and them for a few days!
    First it wasn't 1000, we had over 2000 people registered and many joined after or did not register. So please don't say 1000, it is extremely painful for everyone who attended to be considered as "not counted".

    Agreed - but as far as the larger public is concerned......if washington post, a local dc mainstream newspaper, says it was 1,000 - the number in public mind is 1,000 (though 10,000 might have participated.....and when lawmakers set their priorities - all they are concerned about is ........


    ok - 1,000 folks (none of them voters) are asking me for a comprehensive employment based GC reform......which is a pain in the .......!!

    2,000 excited parents (85% of them registered voters) are asking for a new ice skating rink at a local school or residents of a neighborhood (again 65% voters, accounting for immigrants among residents) want a new station on commuter rail line or a new bus route or whatever......all of them easy to achieve.......

    and the lawmaker wonders over a cup of decaf latte - what should i focus on......??? to him/ her - the choice is obvious.....and if it is not obvious to us........we should take a reality check.....

    It would be a different thing - if 100,000 people do a silent lunch time gathering within the campuses of a revered american company like Cisco or Msoft.......with organizational blessings......people would sit up and listen.....

    Personally, I did not attend the DC event because I was travelling on business and to me my perceived benefit (maybe wrong) of rally was not worth postponing an important business trip.......on the other hand if one day it so transpires that this rally was the historic starting point of major immigration reforms triggered by a group of pioneering individuals - i would have no choice but to eat my words and hang my head in shame that i did not attend.............





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  • bottlemani
    04-26 07:57 AM
    I am so proud of you guys! Excellent job!!!!



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  • nrk
    08-11 01:01 PM
    PD = Date on which your labor application received.

    My 140 says it is the date on which my labor application received. i believe it is the case with all.

    Please contact USCIS to get that corrected.

    Can some one clarify if the PD is based on the day labor application was received or the day it was approved?

    My I140 states it as the day it was approved.





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  • Lasantha
    03-17 02:13 PM
    There could be some truth in that. Last month a friend of mine returned from India with AP and he said most of the questions they asked were about the current employer. They had asked stuff like do you still work for this same employer, what do you do? how finacially stable are they etc.

    My friend still works for the same employer so I don't know what would happen if you answer No to that question.


    Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

    I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

    Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

    If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

    Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

    What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?



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  • waitforgc1
    06-12 11:57 AM
    Ron Gotcher said something similar... they may be trying not take any more
    applications from 2000-2009 until they finish the backlog. That may be one of the
    reasons why they may have retrogressed to 2000. Just my 2 cents.





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  • rajeshraipv
    05-28 02:18 PM
    does anyone know if we have a legal recourse for this? seems like a proper scam perpetrated by bureaucrats too lazy to do their job...



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  • h1vegas
    06-23 07:21 PM
    While I Wrote The Check For Ead Renewal
    I Wrote It To Department Of Homeland Security And Not
    Us Deparment Of Homeland Security
    Is It A Big Problem





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  • gunabcd
    06-28 03:41 PM
    This is wrong. EAD can be issued when both of the following conditions MUST meet:

    I140 has been approved
    I485 application is 180 days old

    You have no freaking idea what you are talking about. one should not open his/her mouth so confidently without reading documents from USCIS or talking to an immigration lawyer.



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  • Mohit_Malkani
    05-23 08:21 AM
    Does anybody have their I140 being processed at the Vermont SC??? Anyone have any idea on why the date has been stuck at 1 Apr 2006 for such a looooooooong time???:mad:





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  • YesGC_NoGC
    04-26 09:10 PM
    I contributed $30 earlier this week, Got $15 back from PayPal, Sending this to rebate also to Immigration voice.

    If all the memberscan send $30 using Paypal and we can get $15 additional even one time contribution can make difference.

    Let's take advantage of Paypal offer, $30 is minimum to get $15 back.

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    Payment Details

    Amount: $15.00 USD

    Transaction ID: 36XXXXXXXXXXXXX1G

    Custom Note: you for participating in PayPal's Spring $15 Cash Rebate promotion. You received this $15 cash rebate after making a qualifying purchase of $30 or more. Be sure to check www.paypal.com regularly for upcoming promotions.

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  • snathan
    04-21 02:21 PM
    After reading the OP, I was rotf...I dont know why you guys are discussing it very seriously.

    I recommend immigration 101 for the OP.





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  • rexjamla
    07-19 10:07 AM
    EB3/FEDEX delivered on 02-Jul-07 at 10:25 am





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  • webm
    05-21 03:36 PM
    They could be using some distributed web caching like akamai.

    Cheers,
    -b
    Processing Times page not working--are they updating??
    https://egov.uscis.gov/cris/jsps/Pro...viceCenter=TSC





    waitingnwaiting
    05-31 11:11 AM
    h1techSlave you are right about why EB3 not working because they have no hope and not because they have gone back and/or ported.

    Surprising when i say thE same i get a lot of reds :D

    Because you say and not do anything.





    desi3933
    04-16 04:59 PM
    Hi,
    .......
    My questions is, is that enough to port my PD .....??


    Yes.


    _________________
    Not a legal advice.



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