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  • admin
    04-13 10:00 PM
    Section 406(Pg 287) and Sec 619(Pg 503) of S 2612 discusses the effective date of the new rules. But these dates pertain only to provisions for the unskilled temporary worker program and the agricultural worker program. I think Session's amendments was for only these 2 categories. Other stuff like Border Security they would want to get it going at the earliest.

    I have not read all 614 :eek: pages of the bill, but from whatever I have read it doesn't look like the bill is specifying any particular effective date for our provisions. So by default it should become effective immediately. :)

    But please do note that because of various changes like the STEM exemptions, USCIS will take some time for rule making. So that might take some time.




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  • dipmay2002
    03-06 12:49 PM
    Me and my wife applied for EAD on July 2nd, 2007 and got EAD in first week of OCT with error on both cards; they swap our A#s; My card has my wife's number and my wife card had my A #; I talked to CR; asked me to send both cards back; waited for 3 months for new cards, took infopass in DEC...created atleast 5 SR ..resend 765 applications 3 time to TSC....keep calling them ....and at the end we got corrected cards last week....




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  • linuxra
    07-23 03:10 PM
    I heard from some other people if they are in vsg their GCs are not getting approved as it is not @ our fault why we need to bear this...I am coming to conclusion that vsg case is affecting employees...any solution u are trying....




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  • jfredr
    08-21 12:06 PM
    Congrats



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  • GC092003
    04-18 11:33 AM
    I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
    Please give me your advice.




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  • jasonalbany
    07-04 12:28 PM
    Access to Job Market in U.S. a Matter of Degrees
    Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
    By Anna Gorman, Times Staff Writer
    July 3, 2006


    This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.

    But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.

    Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.

    "I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."

    Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."

    The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.

    Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.

    "There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."

    But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.

    "The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.

    The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.

    The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.

    There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.

    Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.

    Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.

    "The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.

    "If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."

    One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.

    Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.

    "We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."

    Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.

    Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
    They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.

    "It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.

    "We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."

    Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.

    If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.

    "This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."

    But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.

    "We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."

    David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.

    Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.

    Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."

    "I am really qualified," she said. "Hopefully, I will be able to teach soon."

    As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.

    "The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."



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  • desi3933
    08-25 01:01 PM
    Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.

    There is one more thing you should consider -

    One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.

    _________________
    Not a legal advise.




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  • txh1b
    08-18 11:37 AM
    To be safe, once the h1b is approved, I would suggest that you travel and enter again so that you become eligible to use 245(k) rule if needed during your GC.

    If not, there is a risk for everything from the date you lost your job till your re-entry again to be considered as out of status/unlawful employment as per my lawyer.



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  • franklin
    10-05 12:52 AM
    You know... a few months ago, I would have spouted out the standard:-

    "Green cards are technically issued on a FIFO based from Receipt Date, assuming your Priority Date is current at time of final adjudication"

    Now I know from 1st hand experience that is a load of rubbish.

    So, like other posters have mentioned "who knows"




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  • jonty_11
    12-03 02:15 PM
    I cannot comment specifically to ur case...but when me n my spouse travelled on AP...going to India - no one looked at AP...we just turned in our I94 to the airline....

    I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.



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  • webm
    04-02 04:42 PM
    Could somebody please advice if contract work on W2 as a primary employment is ok?
    Yes,unless you are on EAD..




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  • Vitriol
    04-13 09:12 AM
    Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?



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  • belmontboy
    10-13 11:00 PM
    If you are ugly, you could go in formal shirts & pants.

    If you are smart and sexy, you could go naked! :D




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  • lecter
    March 15th, 2004, 12:24 AM
    Lecter,
    So we can conclude that resolution and focus are a little shakey?
    Gayr

    resolution lower than a cockroaches left testicle and more shakey than a sneezing 99 year old geriatric having a seisure.....



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  • kaizersoze
    03-21 01:48 PM
    Folks,

    I just put together this info and also posted on another thread. PLease, please go through this and start setting up appointment with your lawmakers.
    We have already set up/met with Reichert, Murray and McDermott. Pls help in setting up appointments with the others. You may have to leave a couple of voicemails before they get back to you: refer 1st para of the letter below.(total 30 secs/per voicemail ). Remember, they are very open to listeneing to you...you are teh future vote bank :)


    The congressman to whose district you do not belong will not entertain any requests. You guys have to contact your local congressmen

    List of the senators and the congressmen
    http://www.visi.com/juan/congress/cg...e=ctc&state=nj

    To find your local representative
    http://www.house.gov/writerep/


    This is the letter we used. Some lawmakers contacted over the phone specifically asked to be faxed the letter and asked ho many people would visit.

    Date: 01/24/2007

    Dear Congressman XXXX,

    I am a concerned constituent writing to you on behalf of ImmigrationVoice, a non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a meeting to discuss the problems that the legal high skilled immigrant community is facing.

    Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.

    Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.

    Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.

    ImmigrationVoice is a nonprofit organization comprised of volunteers who are suffering due to these delays and wish to bring this important issue in front of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
    I look forward to hearing back from you.

    Thank you.
    Sincerely,

    (Place holder for your signature)
    Your name:
    Your address:
    Your email:


    The list of resources you need are available here: http://immigrationvoice.org/index.ph...53&Itemi d=36

    We took binders of information. A quick 5 min stop at OffiecDepot will do the trick and makes a good impact on the lawmakers.

    C'mon people, now is the time to make a difference. lets make this happen !!




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  • GcSTART1
    09-01 02:13 PM
    You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485

    I a in similar situation My I 140 is approved from previous employer (company A) if the employer agrees to go forward with I 485 , Can I still work for Compnay B and use Ac21.

    For AC21 does the jobs exactly have to match with the technoligies mentioned in labor , Or a generic job descirption of Software developer will be taken in to considerarion.



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  • gcwanter
    06-28 03:53 PM
    SNaidu, Rajiv Khanna was on his way to your home, his car broke down so he could not deliver you this message. He needs a ride now. Please help him.


    AS it is people are so stressed out attending medical appts 200 miles away from home. and being poked with vaccinations in all possible places..damn the body pain after DPT is miserable

    also the details of the applications and the volatility of the way things may change ; ignoring the fact that everything is in the hands of your employer/lawyer.....

    not to forget that the financial misery if you are filing for self + 2 dependents + lawyer fees is exceeding 5k...

    why do you want open such nonsensical threads and raise the adrenalin...???

    i wouldnt be surprised to be diagnosed with adrenalin tumor if this situation persists long...




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  • masti_Gai
    10-27 08:07 AM
    After the bi-specialization of centers for H1 and 140 approvals the processing times have increased. This is coz the applications from other centers like Nebraska and Texas are being transferred to California and Vermont.
    Once they are all done with the backlogs of other centers they will maintain their goal of max six months to process any application.

    so nuttin to worry unless ur application has passed six months. if it did so ask ur attorney to get in touch with the concerned processin center to enquire the reason for the delay.




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  • RandyK
    07-15 03:18 PM
    Congrats!!

    EB2 or EB3 ?



    All,

    Chennai Consulate has released the August appointment schedule on their site.

    http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf


    I got an appointment too.. yahoooooooooo...




    TomTancredo
    03-16 04:33 PM
    I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.

    On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)

    On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.

    I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.

    If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.

    Let go of the negativity. Do it.

    Good luck.



    There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..

    I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..

    This is my view with 2004 PD :)




    posmd
    04-07 09:07 PM
    I am 100 percent of this view. IV core members should review this with QGA.
    We are already hearing that the whitehouse is pushing this thing to conference even without full senate approval, perhaps they know something we do not, that in some form or fashion something is going to pass the senate.

    Sensenbrenner is not a guy against legal immigration per se. Some of the core members know this from the S1932 experience. There was a guy by the name of "superman" who some of the core members are aware of, who lives in sensenbrenner's district and tried his best during conference in that budget bill.

    We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.



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