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  • WillIBLucky
    11-22 08:24 AM
    One of our members has written this as below, it looks good.

    PLEASE READ AND CHANGE AS REQUIRED.

    Hi,

    The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).

    There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.

    All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
    years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.

    I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.

    What does it take for congress to pass some relief? Just some simple relief measures
    1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
    2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
    3. Do not count spouse and dependents towards the annual number
    4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .





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  • ameryki
    07-16 10:14 PM
    try calling now..most dr's that were packed earlier this month are now wide open due to everyone cancelling. but do it fast with the new developments things might get tight again. for eg- I have an appt lined up for Wed morning just incase things come through tomorrow :-)





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  • sam_hoosier
    12-13 09:50 AM
    It is a hoax :)





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  • alparsons
    November 13th, 2004, 02:56 PM
    Just a thought, You guys with back focus problems, is it also back focused when you focus manualy. It may yeald info for Nikons repair guys.



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  • nchendica
    04-25 01:42 PM
    Try the thedegreepeople.com. These people can evaluate your degree/Diploma course by course specifically for Immigration purpose with in 4-5 business days and you can consult with your lawyer to appeal against the I-140 rejection. They offer you good help when you reach them thru the phone, they have one of the best Free consultation service ( And I dont work for them .. ! lol ! ). Their rates are nominal. Iam sure this is gonna help you.

    Good Luck

    Thank you very much Madhu. I looked at their website and it is very interesting. I recommeded my attorney to talk to them.

    Thakns,
    Naga





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  • vardinishankar
    03-02 01:57 PM
    As far as i know-----

    Answer to Q#10 :
    Country Of Birth drives priority date and not Naturalized Citizenship.

    So, if you were born in India then your priority date goes by India PD no matter what citizenship you currently have.

    Thanks,
    Krishna

    Thank you Krishna. The question really is whether my Labor/I-140 approvals as Indian citizen can be used to continue the GC (to file the I-485) after I change my citizenship. Would you know about that?

    Or, if a new GC process is restarted with a new employer, can the old priority date be re-used in the new GC process after citizenship has changed?

    Thanks.



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  • vin13
    05-12 12:48 PM
    Regarding point 1):

    Note that DoS has not wasted visa numbers after 2006. For all practical purposes, days of visa number wastage is history. Why do you think the July 2007 fiasco happened ?

    That's exactly why they may want to release fall-across/fall-down numbers in July so they can make sure nothing gets wasted. The only point i am trying to make is there are good possibility that dates may start advancing in July





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  • unseenguy
    04-10 01:27 AM
    Do you have the offer letter where he said he would pay 60K? If he didnt formally terminate your job, then he is liable to pay wages. Just make him call you 1-2 times and you also call him 1-2 times. This will demonstrate the employer employee relationship existed according to phone books.

    Anyways, if you want to change jobs, just do it, why are u even telling him? How did he find out? Change your address and Phone number and let him bark :) If he doesnt have your address, he cant serve you a notice . Thats it :)



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  • singhsa3
    04-27 05:13 PM
    One of the blogger named Jhaalaa, posted on 17 Apr 2008 on

    Lesson for all e-filers:
    1. Try to say you do NOT intend to provide supporting documents for a I-765 for a pending I-485 application (If you have provided I-485 case number and correct Alien number already).
    2. Immediately after the e-filing send the supporting documents (well arranged and tabbed in order of significance) with a copy of the e-file receipt. Unless you provide this, the case would NOT progress. I even talked to an IO who stated that I should not send any documents till requested, but its my experience that you should send the documents immediately after the e-filing.





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  • kosars
    08-28 10:26 PM
    Thanks for the response. Did you use 3.5cm x 3.5cm?

    I printed the normal size passport photos



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  • Marphad
    11-19 08:00 AM
    Hello Gurus,

    My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
    1-Desi employer v/s corporate employer
    2-Dallas v/s New York

    Any comments from people who have faced similar situation will be highly appreciated.


    Thanks


    I would suggest to get in touch with attorney.





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  • ebizash
    07-09 06:31 PM
    Guys, please start your own thread if you have a specific question and don't hijack my thread.

    Thanks
    ebizash



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  • sankap
    08-24 01:19 PM
    AC21 has nothing to do with EAD.
    So, does that mean there's no need to invoke AC21 after you get you get EAD, if you want to change employer before 180 days of your filing?





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  • Libra
    07-12 12:51 PM
    My question is a person with no shame, can he feel shameful???:confused:



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  • WaitingForMyGC
    02-17 12:28 PM
    As per my lawyer

    All you need is the job title and the duties for AC21. At the time when we filed your labor application, we did not use SOC code. The code was assigned by State Wage Unit when they determined the prevailing wage. They did not care what the job title was. Rather, they determined it based on the acceptable field of study to maximize the salary required. Consequently, it often did not match with the job title on the application.

    Like I mentioned above, the occ code as assigned by SESA may not match the job description on the application. It is the risk you will take if you followed the occ code to find your job title and/or skills.





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  • sw33t
    05-01 11:51 AM
    Can someone check to see if this is still the case?

    Thanks



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  • sapota
    01-18 12:36 PM
    Now the main culprit is the financial sector, esp. any company that had investments in sub prime mortgage or exotic derivatives associated with it.

    Cash/capital/loans are getting harder to obtain. So even companies unrelated to the financial sector might not hire more (maybe not layoffs).

    But the US govt. can print as much dollars as they want. Am sure the bailout package will help some out of job executives so they can continue redecorating their million dollar yacht.





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  • n_2006
    11-05 05:31 PM
    Is there any advantage choosing a local lawyer? Can some body please suggest attorney in Chicago area.





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  • Canadian_Dream
    10-19 02:15 PM
    That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
    Also, an approved extsnsion with the new employer is by no means a approval of your valid status. Simply speaking, there are various H1B approvals granted "that were approvable at the time of application". This doesn't mean that status is valid for the entire duration, one has to maintain the status by keeping the job etc and meeting the other requirements of approved H1B petition. That's true for extensions too it MIGHT be valid/approvable at the time of filling when your I-140 was approved and not revoked. If revoked you could be potentially out of status if indeed that was the CONDITION of the approval.
    Unless we know that CONDITION of approval (it could be unconditional approval too but it must be stated) we are not sure. If the USCIS later clarifies that CONDITION it could be applied retroactively and that means one is out of status during the whole time after the I-140 was revoked.
    I am not saying this will happen but it is essential to find out the CONDITION of apporval whatever it may be.

    The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
    Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..

    As long as USCIS does not release any regulations...We can do this ....
    If asked officialy some attorneys say that it cannot be done and some are fine with that...

    Immigration laws are kind of applied sporadically and can be pushed to a certain extent





    lusuresh
    08-27 01:11 PM
    I live in the West suburbs (Des plaines)





    patiently_waiting
    09-10 07:24 PM
    It is so pathetic that there are so much people waiting in EB3-I category.

    This Guy just applied in Dec 2004 and got GC. His question is whether i need to carry ?

    it is only karma.



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