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  • EndlessWait
    12-14 11:17 AM
    if so then its tough





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  • singhsa3
    09-15 11:56 AM
    Thats the whole Idea!
    There is one more thread driving a similar initiative.
    http://immigrationvoice.org/forum/showthread.php?t=21493

    Why not get all of these threads and people together working on one target.





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  • pappu
    06-06 11:10 AM
    Good points.

    Cann't travel outside usa, because of too many restrictions on h1/h4 visa holders.
    yes this can be a newsworthy story from an emotional perspective and views from prominent behaviour scientist to reaffirm our sentiments.





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  • gcformeornot
    02-24 07:14 AM
    __



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  • gk_2000
    05-15 09:57 PM
    Most probably this is just an eye candy for us, to be eaten and excreted. But, I hope I am dead wrong!





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  • krishnam70
    05-08 11:28 AM
    Now they want to visit client place for the H1b people.

    There are only 415,000 H1-b holders in USA.
    And number of employed labor in USA are 144 million. (as per DOL)

    And we form 0.28% of the workforce in the entire USA.

    Why the hell they are whining about 0.28% ??
    Can anybody tell me if i am wrong with numbers here?

    ---------------------------------------------------------
    05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits

    Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
    ---------------------------------------------------------


    ---------------------------------------------------------
    Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
    Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
    2008: 409,619
    2007: 461,730
    2006: 431,853
    2005: 407,418
    2004: 386,821
    Reach of H-1B Cap in Recent Fiscal Years
    2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
    2009: 1 day
    2008: 2 days
    2007: 56 days
    2006: 132 days
    2005: 184 days
    2004: 323 days
    The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?

    ---------------------------------------------------------

    I know cos it happened at my workplace

    -cheers
    kris



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  • waitingmygc
    04-19 12:44 PM
    @waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.

    @OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!

    sledge_hammer,
    I like people like you for criticizing the post without any reason.

    If you could have read the post carefully, it has been mentioned that if anyone has all the proper LCA and his/her employer is consulting company then no need to worry.
    I know lot of my friends got GC last year through consulting companies and worked in past where client location different than employer location. Moreover, couple of them got same RFE and they responded it by mentioning client location they worked for their employer (IT consulting company) and keeping all the previous LCA ready in case. I hope it will help those in same situation.





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  • samrat_bhargava_vihari
    02-05 04:12 PM
    Guys,
    Don�t spread false information if you don�t know.

    Possibility -- Yes

    Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.

    Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
    -------------
    I am not a lawyer use this information at your own risk.



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  • md2003
    04-02 09:35 AM
    I see each Attroney has different opinion on PD retaing when previous employer cancel the i140.

    Rajiv Khanna -- He always thinks we can carry PD.
    Murthy -- Every week she gives different answers
    Mathew oh --- He gave different answers
    Susan --- She thinks We can carry PD. But i heard only one conference call.


    Not sure which one is correct.





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  • randallemery
    03-10 10:22 PM
    Immigration Press Briefing
    9:00 am PST, February 28, 2006

    This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.

    We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.

    It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.

    Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.

    This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.

    The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry

    We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.

    To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.

    To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.

    What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.



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  • GC_Govinda
    10-15 09:56 AM
    Hello Gurus,
    I am EB3 India with PD September 2002.

    After all these years of endless waiting I am called for
    an interview at the local office in Philadelphia
    in Nov 26th 2007.

    Here are my details:
    Labour Applied: September 2002
    Labour approved: September 2003
    I-140/I-485 Applied: April 2004
    I-140 Pproved: August 2004
    Got married: August 2005
    Applied I-485 for Wife: June 2007
    Current Status of Wife: H1-B
    Countelss EADs and APs for me and a recent EAD approval
    for my wife with her AP still pending and status is still H1-B.

    In the beginning of this year, I resigned from the
    company who was the original sponsorer of my GC.
    I then started contracting on hourly basis and worked for
    a decent hourly rate for the first half of this year.
    Finally I got a full time offer with decent salary and
    benefits and took the job. I started working for this
    job - remotely and also took up another contracting job
    on an hourly basis (Got greedy as I waited too long :-))
    and started working on both these jobs.
    The point is - it is a different technology and not even
    remotely connected to my original job where my Labour
    cert was applied and approved. I was a developer
    back then and with all the experience, I couldn't
    continue as the pay was too low and no growth at all.

    I can have a letter of future employment that
    states that I have on offer in the same technology
    in which my original labour was applied and approved
    and that is not a problem at all.

    Please advise me on how to go about it. I can
    afford to pay and take the best attorney with me
    to the interview - some one who is very well known in
    the Philadelphia area.

    Any inputs/advise are really appreciated.

    IMP: Icing on the cake - my PD was mentioned wrong in
    the interview notice - it says april 2004 !!
    That was when my i-140 was applied and not labour.
    My labour was applied in September 2002 !!!
    Advise on this is also appreciated.

    Thanks a lot.





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  • waitingnwaiting
    05-20 01:32 PM
    "We are beneficiaries of an EB3 petition"

    Isn't that the biggest issue with several of us! :)

    Beneficiary of EB3????? OP is making a cruel joke too aside from starting a game seeking smart guys for a date

    Has anyone benefitted from filing in EB3?

    Victims of EB3 petition is correct.



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  • ramaonline
    06-12 07:46 PM
    Can I change the employer after I get my 3 year extension on H1 ?

    The 3 year extension of h1 also allows portability - so emp change is ok.

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

    Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
    Yes - once u have an approved 140 ur pd can be ported to any new gc applications

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?

    there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead





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  • gcformeornot
    08-09 11:08 AM
    People filed on July 2nd are still not getting check cashed. July 19th is like a light year ahead man.



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  • japs19
    02-20 01:13 PM
    Q:1. First and foremost - can I change my job as I am entering the 6th year of H1?

    A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.

    I suggest option 1 is the best and works for almost everyone.

    2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?

    Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".

    3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.

    If you have smart lawyer, there should not be any issue.

    Good luck ....:)





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  • amitga
    06-22 07:06 PM
    Google is your best friend:

    http://chennai.usconsulate.gov/b-1-lh.html



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  • wheretogo
    11-28 01:35 PM
    On Monday (11/27) I got EAD card. There was wrong in "from valid Date"

    My Current EAD expires on Feb 27th 2007 and I received New EAD Valid from 11/28/2007 to 11/27/2008.

    - I called Customer service First time they have told me to resend I-765, Original EAD and letter telling, what is wrong.
    - Second time when I called customer service and explain issue, She transferred me to Immigration office. I got Immigration officer from Los Angles and He told me same thing to re-send all documents again without Fee
    - Third time, I called VSC and talk to officer and he look my case and realized the mistake and told me , he will take care and send me new EAD card with proper validate date but when I asked me case number or reference number, he told me that you have to wait for 30 day to get new card.
    - I also took InfoPass appointment tomorrow and see what local INS office suggest me.
    - Tomorrow I am going to call Vermount centre and discuss and then send I-765 forms , Original EAD and letter explaining the issue.





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  • langagadu
    03-29 03:49 PM
    Ready





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  • theoyilma
    09-10 01:01 PM
    Thanks sbmallik

    If I was already on H1B right now, I know I would be able to extend my H1B visa until I get my green card. But, right now, I am on TN visa. And also I have finished the 6 years quota on H1B. So, I was just wondering if I can apply again for H1B. I have been on TN visa for about a year and half. I was just wondering, the fact that I haven't been on H1B visa for more than a year, would qualify me again to apply for H1B.

    Thanks again!!

    Theo





    LookingForGC
    05-10 10:11 AM
    The best is yet to come my friends





    murugesh.naidu@gmail.com
    09-03 10:45 AM
    Well..I was just saying my friend is a devotee and it worked for him..i did not mean to imply positive or negative ideas about anyone's religious beliefs in whatever form..

    Some one mentioned how lawyer screwed up and he landed in EB3... I am EB3 bcos my company does not do EB2s for developers...infact, I have never met anyone who they did an EB2 for. I guess its one of the banes of being in a big consulting firm, where they have to follow the letter of the rule to the T and cannot doctor the requirements of the job to the qualifications of the applicant. I infact managed 4 contractors, all EB2. Its both ironical and sad that how this system is mis-used.
    Anyway..well, no worries - I believe if you believe in yourself and your abilities and God, everything will come to just fruition!



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