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  • transpass
    04-23 09:34 AM
    Pardon my ignorance...But I thought you need to sign the labor form before you submit. If you have signed it, how does it fly trying to sue the lawyer? Aren't you responsible for double checking before it is filed?

    Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?




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  • cpolisetti
    03-31 03:56 PM
    She was also available for Q&A earlier today on Washington Post. I am quoting one question and answer in particular. Probably she can help in more visibilty of our voice?

    Here is the link for todays Q&A:

    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html



    Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.

    I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?

    Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.



    Todays article:

    Most See Visa Program as Severely Flawed

    By S. Mitra Kalita
    Washington Post Staff Writer
    Friday, March 31, 2006; D01



    Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.

    They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.

    Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.

    But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.

    Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.

    Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.

    At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.

    Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.

    Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."

    In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.

    "If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.

    The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.

    Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.

    "Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."

    Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.

    It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.

    Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."

    Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.

    Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.

    Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.

    His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."



    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html




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  • psn1975
    11-05 10:38 PM
    no ... EB2 labor/petition to transfer was not filled either .... absolutely nothing was done except for EAD/AP renewal few months ago and I got EAD/AP approval notice couple of months back without any issues :confused:




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  • njdude26
    07-12 01:39 PM
    My case was closed in Error at the PBEC. My attorney had sent a letter saying this some months ago. Today my attorney informed me that there is some new procedure of re-opening cases that was closed in error using which he says he sent the information by email today.

    Just thought will give you guys the info.



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  • deepikak
    03-25 04:50 PM
    I have voted for all the questions posted on legal immigration which speaks about our issues.
    Please do participate , this is a golden chance to get our voice heard.
    I have also posted a question about the same , you can also vote for this question.
    Legal immigrants pay more taxes with no benefits ,waiting for GC for more than 10 +yrs ,aspiring to own a home with their savings but cant buy as they cant get GC .do something like visa recapture, allow us to file for AOS irespective of their PD."
    Indian, atlanta,ga:)




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  • girishvar
    08-12 04:25 AM
    USCIS always goes by birth certificate whenever there is a discrepancy. Filing affidavit undermines your birth certificate. However you have a chance they might overlook it. Dont loose sleep over this issue. Whenever clearance approval happens you might be home safely.

    Wishing you all the best.


    Hi Guys,

    I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.

    Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.

    Can somebody please suggest what to do since I can be ready if i get RFE.

    Thanks in advance.



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  • ivar
    02-17 09:15 PM
    Do I need recent salary slips for transfer ?

    Yes you need paystubs. What your employer says when you ask the same question you are asking here on the forum. That your H1 expires 2009, your project gets over in Mar 09, how he will u give paystubs? what does he say?




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  • jayleno
    08-05 09:24 AM
    Hmm....and you think the world is Crazy? Interesting stuff ..bud.
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;



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  • h1-b forever
    07-16 09:58 AM
    It will be very nice if anyone of you can help to my post.
    "father FirstName and lastName reverse"

    Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.




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  • mdcowboy
    04-28 05:48 PM
    Texas also planning to join the bandwagon..

    Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)

    I can already see a future where there would be a law that would demand all immigrants wear some kind of bar code (rfid) so that it would be easier for law enforcement to track them down. :eek:

    In regards to CIR..its all hogwash..my guess is that Dems are going to bring it on the floor and put up a masked brave fight to show that they at least tried to pass an immigration bill.



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  • willigetagc
    08-11 11:36 PM
    that makes it tough.... Check with your lawyers. I presume your BC also mentions the name of the hospital where you were born.

    If it does'nt then get an affidavit from your parents saying you were born at home and your BC was registered incorrectly. If it does, I dunno what to do....

    Also, ask your parents to consult a lawyer in India and see if BC can be corrected through other means.




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  • sriramkalyan
    06-04 10:25 AM
    That is last year bill ..
    It does not Point Based Immigration , Z visa, Y visa provisions



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  • sky7
    07-26 11:17 AM
    Dear all

    First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)

    Sorry i confused u all...here are my GC Filling details:

    LC State: NJ
    LC Category: EB2
    LC PD: 24 SEP 02
    I-140 FD: 15 JUNE 06
    I-140 RD: 16 JUNE 06
    I-140 LUD: 03 JULY 06
    I-140 Receipt# : LIN-06-191-XXXXX
    I-140 AD (If any): Still waiting!!!
    Concurrent filing: NO


    So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.

    I guess the best option for me is to

    ** wait till my get my I140 approves,
    ** get my H1B extended for another 3 years (instead of 1 stupid year),
    ** Wait for at least 180 days

    then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???

    More suggestions and opinions??? :o


    Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.

    Pls advise

    Sky




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  • krishnam70
    07-18 01:53 PM
    It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.

    If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.

    It's hard work but believe me - do it consistently and do it well and you will see that it will work.

    Best of luck and post the address of your site/blog here should you decide to do it.


    Here is the blog created for talking about Lou Dobbs. I will start digging up material and posting to this site.. please feel free to start blogging there
    lets take it up to him

    http://loubdobbs-truthorlies.blogspot.com/

    cheers



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  • GabonpharmD
    04-16 12:00 PM
    See my answers in red

    Thank you so much for your details answers. Thank you!!!!!!!

    I will be filing with the company lawyers. I guess the company is wiling to hold me only to the minimum requirement of 90 days after becoming full time, before filing for GC because I've been working for them since last year. My company liaison between the employees and the company lawyers is the one who told me to just buzz him when I am ready after the 90 days full time and he will give the lawyers the green light to go ahead with GC.




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  • hebbar77
    09-10 03:07 PM
    extended review = "we got your money , now dont bother us"
    also means nothing is happening to your case!



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  • chanduv23
    08-03 10:56 PM
    USICS once again emerges the winner :) Now all our heads will start spinning.....

    Dear friends, please visit this thread

    http://immigrationvoice.org/forum/showthread.php?t=11962

    and participate in the publicity campaign




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  • yabadaba
    06-18 12:44 PM
    thanks reno john!




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  • sanju_dba
    09-14 02:31 PM
    I agree with you. On that thread people are complaining that they should not have to register to vote. How do you expect them to spend time taking out their credit card, entering the 16 digits using keyboard and hit the submit button really hard.

    You are asking Desis to give $10. Forget it. They would spend $10 on Mango Lassi for themselves.

    I bet that attitude changes when it comes to raffle !
    besides, its 1:2000 chance ( want to make it 1:100 , its upto the model ) , i guess its far better than those lottery tickets sold.




    BharatPremi
    12-09 04:50 PM
    Hello-

    1) Is it possible to allow minimum ONE TIME contributions like $10?
    Ans: Yes. It can be done through PAYPAL - payment need to be sent to donations@immigrationvoice.org
    2) Is it possible to allow minimum RECURRING contributions like $10?
    Ans: Seeing the need of assuring sure funding IV core team has decided minimum $50/- recurring option.When I am talking to my friends, we felt that the above things increase the
    Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.

    If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.

    My Contributions:
    $50 Recurring Contributions from Nov 07.
    Contributed $100 for the DC Rally.
    $25 to the local Northern California Chapter in Oct 07.
    Contributed to AILF $100 during the July visa bulletin time.

    ^




    maddipati1
    08-20 03:58 PM
    i traveled to India and went for stamping when my PP was expiring within couple of months and got VISA stamped successfully and traveled back safely.

    the initial screening officer at Chennai consulate commented with a smile 'you know, your passport is expiring in couple of months'. but the main immi officer didnt mention anything about it. this proves that there is no such law that says, u have to have a PP valid for six months.

    but, when u r applying for a stamping appointment, the system says, 'its recommended to have a PP valid for at least six months'.

    in your case i guess its just travel and no stamping involved and so u r in much better shape.

    but, THIS WAS JUST MY EXPERIENCE. I WOULDN'T RELY ON THIS.

    EVER SINCE I STRONGLY FEEL I WAS SUPER STUPID TO TAKE THAT KIND OF A RISK.
    coz, i found out couple of things after wards :-)

    in SFO consulate i could get PP in less than 7 business days. i guess urs is Chicago, so might not apply for u.

    but, in India u can get new PP very fast under Tatkal scheme. do this,

    be prepared with required dox and stuff before going there, ask ur relative/friend there to talk to local Tatkal officer to make it ready for ur PP renewal, soon as u land in India apply for PP renewal under Tatkal, u will get ur new PP before ur Jet lag is over. this leaves a buffer of ur vacation time, for contingencies.


    finally, what GCCOVET said is absolutely right, u will get I-94 only until the expiry date of old PP. u would need to renew it again. not worth it. luckily i live close to border so i drove and came back to extend my I-94 after getting new PP.



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