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  • Ramba
    07-14 05:33 PM
    What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
    Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.

    I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.





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  • vinabath
    03-25 04:40 PM
    BiggerPockets.com looks like a nice website. It's for real estate investors. I just signed up on this web-site as I'm closing on a 4-family house next month.

    If you make money using Biggerpockets... send me $100.:D





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  • rockstart
    07-14 08:29 PM
    I agree, does anybody have a link to the policy of how spill over of visa numbers works?

    Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?





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  • ilwaiting
    04-09 08:47 AM
    This affects everyone. No one on H1B is left out. Just because one has a Perm-Fulltime job now doesn't mean he/she is safe. With Gc's taking so long, At some point during their H1B period they would have to move to a new company. They would not be able to transfer. Everyone please oppose this Bill.

    Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.

    Infact, this affects everyone.

    Students looking for new H1B
    Students on OPT
    H1Bs getting extensions
    H4s transferring to H1Bs

    and all H1Bs indirectly and directly

    Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.



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  • nogc_noproblem
    08-06 06:40 PM
    The local bar was so sure that its bartender was the strongest man...

    ... around that they offered a standing $1000 bet.

    The bartender would squeeze a lemon until all the juice ran into a glass, and hand the lemon to a patron. Anyone who could squeeze one more drop of juice out would win the money.

    Many people had tried over time (weight-lifters, longshoremen, etc.) but nobody could do it.

    One day this scrawny little man came into the bar, wearing thick glasses and a polyester suit, and said in a tiny squeaky voice "I'd like to try the bet."

    After the laughter had died down, the bartender said OK, grabbed a lemon, and squeezed away. Then he handed the wrinkled remains of the rind to the little man.

    But the crowd's laughter turned to total silence as the man clenched his fist around the lemon and six drops fell into the glass.

    As the crowd cheered, the bartender paid the $1000, and asked the little man "what do you do for a living? Are you a lumberjack, a weight-lifter, or what?"

    The man replied "I work for the IRS."





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  • xlr8r
    04-09 08:35 AM
    What can we do to deep-six this bill?

    Need direction here!



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  • fcres
    08-10 01:07 PM
    since u r the primary applicant choose option 1
    I don't know if there is a diff in rescheduling on the date of the appnt or before it. But if it was me, i would try to reschedule it before the appnt date by mailing the FP notice.





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  • axp817
    03-25 12:07 PM
    UN,
    Every point you make about the USCIS exercising extreme scrutiny for consulting/staffing company H-1Bs makes sense to me.

    Which probably means that we can expect to see almost zero approvals this year for H-1B applications filed by small consulting companies (I had to add 'small' so as to not include the big 5 types in this group), would you agree?

    And I assume the same applies to H-1B renewals as well.

    That being said, do you think AC-21 job switches (on EAD) to small(er) consulting companies will also be dealt with the same type of scrutiny (as H-1Bs)?

    Thanks,



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  • Macaca
    02-17 02:35 PM
    American Immigration Control Foundation (AICF (http://www.aicfoundation.com/))
    Americans for Legal Immigration - ALIPAC (http://www.alipac.us/)
    American Patrol/Voice of Citizens Together (http://www.americanpatrol.com)
    California Coalition for Immigration Reform (http://www.ccir.net/)
    Californians for Population Stabilization (http://www.cap-s.org/main.html)
    Center for Immigration Studies (CIS (http://www.cis.org/))
    Colorado Alliance for Immigration Reform (CAIR (http://www.cairco.org/))
    Federation for American Immigration Reform (FAIR (http://www.fairus.org/site/PageServer))
    The Heritage Foundation (http://www.heritage.org/)
    Minutemen (http://www.minutemanproject.com/)
    NumbersUSA (http://www.numbersusa.com/index)
    Population-Environment Balance (http://www.balance.org/)
    Pro English (http://rightweb.irc-online.org/profile/1533)
    Programmer's Guild (http://www.programmersguild.org/)
    ProjectUSA (http://www.projectusa.org/)
    The Social Contract Press (http://rightweb.irc-online.org/profile/1539)
    U.S. English (http://www.us-english.org/inc/)
    U.S. Inc.

    Hate Groups (http://www.splcenter.org/intel/map/hate.jsp)
    Comments

    These organizations do not disclose the contributions made to them and the management of these contributions.
    Most of these organizations have full time employees.





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  • brb2
    04-07 07:12 PM
    If the Strive act passes then a large part of the H1B visa demand from US STEM will be out of the que, because these people will not need a H1B Visa. The proposed restrictions on H1B will put the body shoppers out of business where people are hired, put on the bench if there are no contracts, and if they do have a job, then the company will collect a hefty cut off the work of the H1B worker. If this part of the H1B numbers are out, then companies which genuinely hire hi-tech workers such as foreign qualified Engineers, Scientists, technicians etc. These people will then not have to compete for visa numbers with these Desi companies who might just bring in web developers to hire out on contracts at various sites accross the US. Currently, as things stand, a smart lawyer can get an H1B petition written up even to collect garbage or to pump gas at a gas station. No one can dispute that all this goes on. The restrictions should be in place only for new H1B employees not existing ones to minimize the effect on businesses and these employees too.



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  • qplearn
    11-15 11:09 AM
    This guy changes sides based on the audience, check out his latest rhetoric, looks like he is feeling the heat from the results of the current elections:

    ...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....

    http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html

    Actually Lou Dobbs is attempting to paint a picture in which Dems who have won support his stand. Fact is that Dems have won, thanks to Lou Dobbs, because they were OPPOSED to his stand. Perhaps a desperate attempt to save his job at CNN :)





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  • sledge_hammer
    12-17 03:31 PM
    I have given you a green...

    Someone gave me a red with a comment-- Shut up, a$$h0le

    This is what these people want. They do not want to talk about such topics as it is against their psedu secular nature.

    Please give me greens to reply to such people.



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  • mrow
    07-07 10:34 PM
    Don't waste your time there. I too had applied for EAD renewal in March, and it expired in the end of June. Contacted the local office but they said they could'nt do anything. Got my 485 approval 2 weeks before our EADs expired! I had even contacted a senator out of desparation when the USCIS had pushed the EAD processing back by 6 months and with a mortgage payment, baby and with no unemployment benefits that would have been hell. Your best bet at this point is your senator and a good attorney. Don't worry about the attorney fees - it will be worth it in the end. Good luck, I feel for you.





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  • unitednations
    08-02 02:41 PM
    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?

    It is a common thing that attornies ask for.

    1) it doesn't help in ability to pay for i-140 unless you are working with the company.

    2) it hurts more then helps and you have to be really careful in future base cases by showing current financial information.

    If in your current job; you are making $100,000 but the job offer or labor cert from 140 employer is for $70,000 then it doesn't look reasonable and they will assess your intention of why you would take such a job offer. (note: i saw this in a denial decision; it wasn't primary reason for denial; uscis just pointed it out to sort of say that they know what the person/company is trying to do).



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  • 2008FebEb2
    08-05 01:35 PM
    I a EB2-I with PD 2008 Feb.

    I think everybody has the right to port to a different category if they qualify for it.

    I feel for Eb3 guys who have been waiting in the queue for ever now.

    The Original thread starter is a sh*t stirrer who knows nothing. :mad:

    Good luck to everyone. :p





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  • gccovet
    01-07 10:53 AM
    Hi,
    I know I am beating dead horse, awakening this thread again. I am going to get lots of RED but I don't care.

    http://www.hindu.com/nic/dossier.htm

    Paksitan govt. says the provided proof are not solid enough. lol!!!



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  • pthoko
    07-17 01:39 PM
    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.


    Thanks Unitednations!
    I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
    "I don't think that it is worth worrying about this. It is definitely not
    unlawful presence, if anything you were out of status, but I think that even this is
    debatable. YOu will have to deal with this issue whenever you file, so I would not use
    this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.

    She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....

    So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......

    ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??

    IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?

    CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?

    WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?





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  • Emerson
    04-07 04:55 AM
    Durbin Grassley bill was timed to be introduced on April 2nd. It was thought, designed, planned and drafted well in advance before anybody would have known the date or time of when the H visa quota will exhaust. So there is no point in repeatedly saying that this bill is the result of quota finishing on day 1.

    It is not a zero sum game that how many H visas Microsoft or Google or Intel got. And highly skilled immigrants working in these companies are not the only genius around. There is a lot of talent on H visa working in other companies. Microsoft is a responsible company and they understand that there just aren’t enough college graduates produced by the US universities. H visa holders contribute towards innovation helping the nation’s economy and they indirectly contributing towards progress even when not directly working for Microsoft or Google or Intel etc.

    As administrator mentioned, this bill was being planned by the lobby groups working against H visa program for years. Here is a link dated 1999 showing that people have been working to end H visa program for long time.
    http://www.colosseumbuilders.com/articles/miano_testimony.html



    This bill is the work of same group of people and it does pose a real threat to H visa program.

    H1 quota finished because of many reasons including:
    1.) Companies waited for 1 year to hire someone they wanted to hire from outside. Last year also H1 quota did finish in April. So there was a backlog for some companies to hire people with specific talent.
    2.) For some companies, green card backlog creates an incentive to hire on H visa. Trends suggest that US worker will most likely leave job with couple of years in IT sector. However, due to green card backlog, H1s cannot leave or change jobs for 6-10 years. This creates an incentive for “some” companies to hire on H visa. Solution to the problem is to fix green card backlog. If companies will know that H visa employee too could get green card in couple of years and could potentially leave, this incentive will get eliminated.
    3.) The notion of something being scares creates added demand for it. This is what we are seeing with H visa quota.

    This is a good discussion, please contribute to this discussion. I am here to learn.





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  • soni7007
    08-06 02:42 PM
    yes, ofcourse it makes a difference for lot of people, i was just stating my case.

    Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
    If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.

    My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
    But as i said, i personally do not see any value in getting the GC a few years earlier or later.

    But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.

    I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.


    So you mean to say that an EB3 cannot acquire superior skills over a period of time?.


    Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�





    cagedcactus
    04-07 05:43 PM
    I wonder if big names like Mircrosoft and others are aware of this. I am sure they will have a huge loss if this bill went through. May be it is time Bill Gates dropped his gloves and fight for us too.





    Ramba
    09-26 06:33 PM
    Barack Obama the socialist with his protectionist\restrictionist measures will not create jobs but will destroy the capitalist america. In addition to "creating" jobs by stopping "JOBS BEING SHIPPED OVERSEAS", he will also "create" jobs by kicking you and me out of USA. Lookout for draconian H1b restrictions, points based system, removal of AC21 and amnesty for illegals by obama-kennedy-durbin CIR. Not sure MCcain would do anything for us but one thing for sure he wont be anti to eb folks. Just like Bush who might not have done anything for us but atleast during the july 2007 visa bulletin fiasco his administration (chertof, rice ) atleast reversed the July bulletin after the flower campaign. Durbin-obama would thrown the flowers on our face and kick us out.

    This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.



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