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  • pitha
    07-08 05:06 PM
    unfortunately more than 80% of backlog elemination is completed, so labor substitution even though it is removed from july 16 has already done its damage. scores of people have already done labor substitution.



    Do you really believe there are 700K "unique" cases pending.
    I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..

    Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:




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  • desi3933
    06-28 10:58 AM
    On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?

    Many reasons. Pick any one of you choice.
    1. Employer does not want file H-1B this year at all.
    2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
    3. This job is permanent and H-1B can be filed only for temporary jobs.
    H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
    4. H-1B quota is over (if applicable) and employee is on F1 OPT.
    5. In past, many H1-B has been rejected by USCIS for this job position.
    6. The job does not qualify as specialty occupation under H-1B

    All of these reasons are valid legal reasons. One more time, valid legal reasons.


    Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.

    Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?

    Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.

    For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.

    Employer has choice of
    1. Filing or not filing H-1B
    2. Filing or not filing green card for the employee.

    These are employer's choices. Legal choices.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • HumHongeKamiyab
    12-16 05:50 PM
    Appreciate your quick response.

    If you cant get a copy of everything (if you ask the attorney directly you should be able ot get a copy of the complete filing) try to get:
    - copy of LC or atleast the section that describes the skills
    - copy of employment verification letter which describes skills

    original I-140 typically stays with employer. trhey might give youa copy of the approval notice...




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  • bostonqa
    06-11 01:32 PM
    How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?

    I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.

    I dont know if the visa numbers will become "U".

    I just asked 'what IF' they become "U".

    do we still get our EAD and AP?



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  • ikass
    11-17 09:12 PM
    Done. Thanks. Sent emails to all my friends!




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  • at0474
    12-16 12:31 AM
    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?

    --Hopelessness, negative thinking and depression are real feelings. Many people live in denial. Some realize and never express it till it consumes them completely. Some express it to their relief but may suffer from not knowing the reason causing depressed feelings.

    In your case , you are not in denial, you are expressing it and most importantly, you have identified the reason behind feeling hopeless and depressed.

    If you can do anything to solve the problem, then do it without worrying about the outcome. If the situation is beyond your control, you are not going to solve it by worrying more about it.

    Be in control. Don't let it control you.Keep yourself occupied by doing things that you like and entertain yourself.

    I am going through the same.Yours truly has been waiting for a settled life since 1998.

    Good luck.



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  • acecupid
    07-03 01:30 PM
    Admins this a great concept to protest, how about making this thread sticky. This protest can continue for weeks.




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  • pitha
    07-08 06:16 PM
    As I said dont just take the example I gave, consider all the visa bulletin for the last 30+ years and you will fidn a lot of examples.

    Pitha -- you forget one very important thing -- they still wasted 10K visas in 2006. So in Aug and July they had not actually consumed all the visas -- they just expected to in August and didn't manage to.



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  • immig4me
    02-28 09:08 AM
    Good to see members coming forward with donations!




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  • capriol
    09-13 02:32 PM
    Dear All:
    I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.



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  • dish
    12-10 01:31 PM
    I had read on the other forums about people receiving phone-calls from USCIS with enquiries about the employer, client, wages etc. They introduce themselves as USCIS personnel and take sensitive information from people. Could they be imposters from the Anti-Immi Side. I do urge caution not to give any Info on the phone. If USCIS wanted info from the H1B holder, they would have done it through regular mail.




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  • xbeartai
    05-23 01:52 PM
    Link:
    http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists
    /thomaslfriedman/index.html?inline=nyt-per
    By THOMAS L. FRIEDMAN

    Published: May 23, 2007

    First I had to laugh. Then I had to cry.

    I took part in commencement this year at Rensselaer Polytechnic Institute,
    one of America's great science and engineering schools, so I had a front-row
    seat as the first grads to receive their diplomas came on stage, all of
    them Ph.D. students. One by one the announcer read their names and each was
    handed their doctorate - in biotechnology, computing, physics and
    engineering - by the school's president, Shirley Ann Jackson.

    The reason I had to laugh was because it seemed like every one of the newly
    minted Ph.D.'s at Rensselaer was foreign born. For a moment, as the foreign
    names kept coming - "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" - I thought that
    the entire class of doctoral students in physics were going to be Chinese,
    until "Paul Shane Morrow" saved the day. It was such a caricature of what
    President Jackson herself calls "the quiet crisis" in high-end science
    education in this country that you could only laugh.

    Don't get me wrong. I'm proud that our country continues to build
    universities and a culture of learning that attract the world's best minds.
    My complaint - why I also wanted to cry - was that there wasn't someone from
    the Immigration and Naturalization Service standing next to President
    Jackson stapling green cards to the diplomas of each of these foreign-born
    Ph.D.'s. I want them all to stay, become Americans and do their research and
    innovation here. If we can't educate enough of our own kids to compete at
    this level, we'd better make sure we can import someone else's, otherwise we
    will not maintain our standard of living.

    It is pure idiocy that Congress will not open our borders - as wide as
    possible - to attract and keep the world's first-round intellectual draft
    choices in an age when everyone increasingly has the same innovation tools
    and the key differentiator is human talent. I'm serious. I think any foreign
    student who gets a Ph.D. in our country - in any subject - should be
    offered citizenship. I want them. The idea
    that we actually make it difficult for them to stay is crazy.

    Compete America, a coalition of technology companies, is pleading with
    Congress to boost both the number of H-1B visas available to companies
    that want to bring in skilled foreign workers and the number of employment-
    based green cards given to high-tech foreign workers who want to stay here.
    Give them all they want! Not only do our companies need them now, because we
    're not training enough engineers, but they will, over time, start many more
    companies and create many more good jobs than they would possibly displace.
    Silicon Valley is living proof of that - and where innovation happens
    matters. It's still where the best jobs will be located.

    Folks, we can't keep being stupid about these things. You can't have a world
    where foreign-born students dominate your science graduate schools,
    research labs, journal publications and can now more easily than ever go
    back to their home countries to start companies - without it eventually
    impacting our standard of living - especially when we're also slipping
    behind in high-speed Internet penetration per capita. America has fallen
    from fourth in the world in 2001 to 15th today.

    My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal
    Democracy Forum. They are trying to make this an issue in the presidential
    campaign by creating a movement to demand that candidates focus on our
    digital deficits and divides. (See: http://www.techpresident.com <http://www.techpresident.com>.) Mr. Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child
    Connected."

    Here's the sad truth: 9/11, and the failing Iraq war, have sucked up almost
    all the oxygen in this country - oxygen needed to discuss seriously
    education, health care, climate change and competitiveness, notes Garrett
    Graff, an editor at Washingtonian Magazine and author of the upcoming book "
    The First Campaign," which deals with this theme. So right now, it's mostly
    governors talking about these issues, noted Mr. Graff, but there is only so
    much they can do without Washington being focused and leading.

    Which is why we've got to bring our occupation of Iraq to an end in the
    quickest, least bad way possible - otherwise we are going to lose Iraq and
    America. It's coming down to that choice.



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  • buddyinsd
    08-27 06:44 PM
    I'd suggest u guys take ur card magnetization talk onto another thread instead of making other current and still waiting ppl feel bad about the fact that they still dont have cards but here we have others talking about their plastic cards.

    it is not to prevent 'de-magnetization' but to prevent rfid communication. All new passport and other govt id 'cards' ship with rfid chip in them which contains encrypted biometrics info. Since rfid info can be read even 10 meters away with right equipment, it is better to put it in a metallic sleeve (creating a Faraday cage) to prevent anyone from sniffing then biometrics info.
    here is more info ..

    SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)

    edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.




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  • newuser
    07-20 12:18 PM
    I feel sorry for EB3 folks even though I'm under EB2. But I get upset when some of the EB2 folks don't even know the reason why they started getting green cards recently all of a sudden ( b'coz of roll over). They don't educate themselves and talk as if they deserve the green cards. If was a collective effort from IV and fellow immigrants that pressurised USCIS to follow the rules and reduce the backlogs.



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  • va_il
    05-04 08:50 AM
    I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
    They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
    I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
    --MC


    So USCIS should make sure they clear for 2 jobs before they issue one H1 :)




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  • prem_goel
    08-26 05:19 PM
    There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.

    Does anyone know?



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  • dtekkedil
    07-05 02:02 PM
    We will each individually send flowers to Emilio Gonzalez to be delivered July 10th. There is a suggestion to use a paypal account where we contribute money. However no one has come forward to take over the account so far.


    The theme of the note attached to the flowers should be Sympathy or Get well.

    Preferred Message(Sympathy): All the best for future Employment Based visa estimates

    I do like the "Get Well: Hope USCIS recovers from its insanity" message as well

    July 07th - Last day to mail flowers (I doubt if they can deliver on Tuesday if we order on Monday)
    July 08th - Draft the letter to be mailed to media.
    July 09th - Finalize the letter and mass mail it to every media email addresses we have.
    July 10th - hope the media take the bait!




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  • sunny1000
    07-09 12:13 AM
    United states postal service. My lawyer sent it on june 29 and to this day it's a mestry to me how it was delivered at 10:10 pm at night. I did not think anybody would accept it. BUt if they were working on 25000 in 48 hours. The only reason i think they took it is to finish the number of visa available.
    still It does not mean anything ... they can reject it.

    Can you please tell the date..was it 6/29? Thx




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  • Rohan99
    10-12 10:26 PM
    THANKS! I will wait for my turn and hope that my application is right next to you.

    GKBest, it takes minimum two days to appear on computer records for the customer care to tell you. My application was entered in system on 10th october but rep could only see it on 12th oct.




    glus
    07-09 05:51 PM
    awsome ...did you get the list of emails i sent you via email :)

    yes, I did. Thanx.




    Tito_ortiz
    05-24 01:21 AM
    Vijjus, this is coming from a veteran:
    There is not such out of touch congressmen or further education needed to be done. Congressmen are well aware of the plight of legal immigrants way before than immigrationvoice.org dreamed of existence. We fought hard in order to educate congressmen and often their staff played dumb, but again the truth is that they never cared about our plight.

    The reality is that this, as usual, is primarily driven by business needs. Major employers such as Bill Gates lobby mainly for H1B numbers increase. Employers are very much aware that H1B staff under pressure can put up and deliver the very long journey of 60-80h/week expected at Microsoft. Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year. The "brighest and the best" out there, a typical individual on the mid 30's with 10+ year of experience, masters degree and tons of sweating and bleeding in the IT world, I am not sure whether Bill Gates want to open the wallet and pay more than $100K. They would prefer to outsource the work to China - not even India anymore. That is the reason and the only reason only which explains why wages have not increased to IT programmers in the last few years.

    Illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here. Since illegal aliens are in higher numbers and can deliver more not offshoreable productivity than us, so that is the reason why they are the ones getting the red carpet.

    At this moment our incluence is minimal, if not not pathetic. As a matter of fact, I am afraid that more our category of workers fight and protest, more the American people will be outraged and scared and will react calling *their* congressmen even harder in order to push us all out.

    For the naive and dreamers out there who are shaking their heads after reading the above and believe that the above is propaganda, so just think about it.



    Thanks,

    Tito Ortiz

    ,

    (disclaimer: Like everyone else here, I am very dissapointed. Hence the negative mood)

    I am wondering how we ended up here. We have been doing this campaign for so long, we have now hired a lobbying firm, and we've met, called, emailed and faxed so many senators etc. How come this bill completely ignored, and in fact in some senses, hurt us?

    I have seen posts about lawmakers being stupid, out-of-touch etc but I think these posts are mostly facetious. I feel troubled by the fact that in spite of numerous efforts the lawmakers decided to ignore us - and if this was India I would have attributed this to the fact that in us they don't (yet) have a vote bank.

    Please take this post in a positive way and as a stimulus for some soul searching - why did we end up in this situation?



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