10.7.11

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  • ndbhatt
    11-01 05:15 PM
    I hear people say that there is reverse brain drain. But this is not completely true. I cannot quantify in numbers but there are certainly few people, I know of, who have migrated to countries like Canada and Australia.

    I will not call it as reverse brain drain but diversion of brain drain to other pastures that may be worthy from individuals standpoint.

    Reasons could be endless, to name a few - stagnancy in career growth, frustration for wait for GC, inability to invest further in housing for job insecurity, longer time for family union (ageing parents), save kids from western culture, etc.. etc.

    I have heard one of the above reasons, while there could be more, from people who want to vent out their frustations. But rest assured very few choose to put it to action at the end of the day.

    My two cents - don't bash others. I believe that all of us go through this turmoil at some point or the other.

    Let's stay focussed on what you want. Most of us, if not all, are here for better life, career growth, money ;), etc and if other countries offer better prospects and meet majority of ones expectations, most likely, we will consider the options. I think, to a certain extent, we are patriotic to our ownself or if may call - opportunist.

    Given a scenario. EU Blue card gives better option (though not sure if it will :p) flow to newer pastures is inevitable and unstoppable. This may not appeal to 100% of the readers but it's one of the faces of dice.





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  • lotsofspace
    01-30 04:52 PM
    Voted. But the question slipped to 11 now.





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  • yawl
    07-19 02:39 PM
    I am very moved by the efforts of Aman Kapoor. Thank you!





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  • katakamk
    03-18 08:38 PM
    One of the option is when previous employer revoked the H1B then you can see the status as reopen.



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  • sundarpn
    06-01 10:31 PM
    Cool.

    How does one go about writing to the senator's office for an individual's case?
    Can you share how you went about this?

    thx

    Folks - another update on my case.

    As i had been following up my case with the help from my Senator's office, they requested USCIS to give a written decision on my MTR.

    Here is the written decision that USCIS gave

    "On March 27, 2009, you filed a motion to reopen. You indicated the use of the applicant's ability to "port" under section 106(c) of the American Competitiveness in the 21st Century Act (AC21). The requirements were met and the motion to reopen was approved.

    CONCLUSION: It is concluded that the grounds stated for denial have been overcome.

    ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."

    I hope this encourages people to go ahead with AC21





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  • swamy
    11-20 01:29 PM
    In CIR, border security and amnesty were together. Now border security is before amnesty with the hope that there will be NO amnsety.

    This is the influence of Lou DoGGs!

    they call it 'attrition'! how much is their level of loathing immigrants that they hope they become desperate and either die from hunger or leave the country



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  • raj2007
    06-15 12:43 AM
    Thanks guys for all the posts. I guess I have a little ignorant question. If I am married does my wife need to be here for me to file her 485. I am getting court marriage done in July 2007, and hope to file my 485 as soon as I have my marriage certificate, I am sure will be filing in July, but my wife won't be coming to the US till Jan 2008, which is when we have will have the ritualistic wedding. Does she need to be here for any paperwork. She could come on H4, but her parents won't let her stay for long. Does she need medical tests as well from civil surgeon when I file for her? I am hoping she can come in Jan on H4, and then get her EAD along with mine.


    Yes she needs to be here to file I-485 and then she can leave and stay there..





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  • msp1976
    02-08 05:31 AM
    We always thought that there is 360k application in BEC and since those LC have PD from 2000 to 2005 there are no chances of fast movement of PD in year 2007 especially for EB3 and EB2(Indian , China).

    After reading this news it seems employer withdrew many cases, which they filled for employee who no longer work for company, so certified case is going to be only 100k, much lesser then 360 k. How many more years it will take to clear these 100k LC? I don't think it should take more then 2 years...

    But you know logic doesn�t work with US immigration system and we also don�t know how many people are applying through EB1 and EB2-ROW, which are current, we also don't know how many people are already sitting in 485 stage�

    Let's go by the published percentages.....
    21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
    Let's assume that the same trend holds.....
    At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
    Assume 1.1 spouse+child each principal....
    That make total 410 K in the line just from BECs.....This is a conservative estimate...

    The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....

    There is no solution but to increase the total numbers...



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  • paskal
    07-18 11:55 AM
    Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.


    i thought it had to do with visa numbers being unavailable rather than 485 filing
    we should check on this





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  • sertasheep
    07-19 04:54 PM
    I'm not writing this in my capacity as a core member, but just as a regular individual. Aman has selflessly worked towards EB immigration reform, at the cost of precious personal time with family, as well as taking vacation time in order to make the numerous trips to Washington DC. He has not asked for reimbursement for expenses incurred during numerous previous trips to DC.

    The skilled professional community, those who are members of IV, and those aren't yet, must be extremely grateful to Aman for this selfless act.

    He may not like me stating this, but this is true.

    Several volunteers have spent hundreds of dollars out of their own pockets without disturbing IV funds for press releases, travel and so on.

    One important thing: Money is an enabler for several things including operating expenses, infrastructure mobilization, etc., However, at the end of the day, solidarity and efforts count.

    While IV will continue to require funds, members are encouraged to assist in other non-monetary ways as well. That would be even more powerful information for us when we get in touch with policy influencers. A recent example was the stories requested by Cong. Loefgren's office, for which we had to prepare several stories, requring us to get in touch with you all. Completed information will help easen this process

    a) Please discard your cloaks of anonymity and complete your profiles with your information. That's the first step.
    b) The next step is to increase awareness among the community, law makers and influencers.
    c) Get more members to enroll.
    d) Assist in non-monetary ways: How many of you have non-working spouses, friends, et al who can contribute focused time and effort(not money). In other words, volunteer time and effort?

    Please write to info@immigrationvoice.org



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  • ryan
    04-19 09:46 PM
    Found one more without good education.

    LOL! You are pathetic, aren't you. You judge people, yet know little about them. I am a Stern MBA alumni. And I vouch, it didn't bring me much. Education isn't the end all / know it all, when it comes to getting your job done. Thought and those brain cells count. Respect, and the ability to never undermine those who are in the same boat as you, count even more. But hey, do attempt that "Masters" -- perhaps you shall grow up.





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  • mhathi
    11-06 01:31 PM
    Well Said! I support you 100% and agree with you totally about this. Fraud is any program is unfair and unjust on everybody, including the H1 holders themselves.


    Actually, not all he said was wrong.
    We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.

    My own employer was trying to get as many H1s as possible without having ANY work for them. They sent us all a few emails asking us if we had any family or friends back home who want to come to US on H1. These guys make the H1 applicants pay for the application expenses, then just keep them there or get them here and keep them on bench and almost everybody here is familiar with what happens next.

    Think from an American's point of view.. It is THEIR country, THEY make the laws that benefit their society and economy.. they have all the right to stand up against these practices by foreign based companies..

    I like his statement "H1B is supposed to be used when there IS a job but no American to do it" What these Consulting companies have turned it into is "There is a person on H1B avaliable If and when there is a job to do" OR worse "There is an H1B holder available, on bench, but no job to do"

    I totally support reform in the H1 process with a target to reduce fraud. That will ultimately benefit people like us who will come here on H1B in future.

    Please don't fire me for taking his side, I'm not. I'm in favour of market deciding what it needs, but I'm 100% against fraud, and all of know these so called consulting companies ARE indulging in fraud..



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  • ilikekilo
    04-02 08:37 PM
    Did anyone who applied with TSC see LUD? I am asking this because it seems, TSC online system is not working.

    fyi, I had a soft LUD today on my 485..





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  • santa123
    07-29 09:10 PM
    Hello IVians,
    As we all await our GCs, I thot we can explore some investment vehicles.

    Does anyone here have experience with commodity trading?
    Can we trade in commodities on H1 or L1 status?
    Is it too risky like forex trading?
    Who are the online brokers offer commodity trading?
    Is there a minimum account balance / trade required every month or so?

    Pls share your experience. Thanks!



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  • nixstor
    05-23 02:10 PM
    I don't think I agree completely. I called all of the lawmakers for the CHC campaign, and while you are right, I spoke to the assistants, they were all polite and promised to pass on the message, which is what matters in the end.

    Lawmakers know that we do not have voting privileges yet, but they also know that we are contributing to this economy far greater than many. I do not remember the source or the thread, but this question was asked before about an online petition, but ironically, that is shown to be not as effective as phone calls.

    If you ask me to sign a piece of paper, I might do it even if I am only vaguely supportive of the idea. But I will certainly not take the trouble to call (or better yet) go to the senator/congressman's office and present my case in person unless I really beleive in it.

    regarding your "saar.. support the bill..." comment, I would not go there if I were you. Thats a whole different can of worms and borders on an insult to a) people who are not from that part of India (or for that matter the world) and b) more importantly, for people from that part of the world who are in this country since a long time and have taken the pains to lose the accent.

    Finally, even if one speaks in an accent, is that the sole reason for a lawmaker to disregard him? Then should a Tennessee senator not listen to someone from New York because the New yorker speaks English in a New York accent?

    Please remember IV may be largely Indian, but it is a meeting place for legal immigrants from all over the world. The same way as India may be "largely Hindu" but it is still a secular country and we have had many great citizens and leaders that were not Hindu, the current president notwithstanding.

    Very well answered and the sarcastic language the OP used just shows elitism and out of touch with the situation at hand.





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  • chanduv23
    04-28 04:17 PM
    In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
    AFAIK:

    AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.

    The above is just FYI.. You can google for more info.

    Don't let lack of knowledge and fear of oppression take over your "thought process".

    AC21 is a public law - 106-313 .

    AC21 can very well be challenged in court. The reason AC21 cases do not go to courts is because they are resolved through MTRs.

    The issue with all this is that we are not raising our voices loud enough about this training issue or procedural issue ant it is always the individual who deals with the case at individual level by filing MTR.

    The entire beurocracy and red tape that one has to deal with in such instances is an issue. People have to file MTR - pay legal fee, involve lawmakers if they don't get response soon, write to Ombudsman .....

    So lets stop all "speculation", "fear mongering", "own intrerpretations" and work towards helping ourselves



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  • sledge_hammer
    02-01 02:46 PM
    Believe it or not, I know a consultant who lives in one of those "guest houses" where consultants who come from India are housed, and there is a guy who lives there whose job is to cook, clean and buy groceries for the housmates. HE HAS A GC APPLICATION PENDING! And people like me and many others who truely deserve to be hired and retained in this country are facing an uphill task of getting through the GC process.

    That cook guy came to the US with a Bachelor degree in commerce, called B.Com. He hasn't been able to get a project for 4 3 years now. He doesn't get paid by the company. He is just a freeloader living there.

    Imagine how many suck "cooks", "maids", and gas station employees might be out there clogging up the system!





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  • nefrateedi
    07-20 09:50 AM
    i did the same, because i thought that what my lawyer wanted.
    The only way to track tme money order is after 60 day from bying it. You can go to the post office and they will invistigated. it cost 5 dollars. They wont do it before 60 days. i went and asked.

    That is true. It's a lot easier to track Western Union money orders as opposed to those that are issued by USPS.





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  • Ankou
    06-09 01:03 AM
    Its all cool mate :D

    @Maniaci: Well its a battle, I want as many people submitting as possible so we can have a good vote.

    Well I'm one of those people I guess. Even though the other skins are a ton better looking than mine, I thought I'd give it a try.

    It didn't turn out exactly the way I wanted it to... but oh well.





    gc_for_desi
    04-14 03:00 PM
    I've filed for my 140 with a substitute labor in July of 2007 under EB 3. The labour had a priority date in 2002.

    My company has around 50+ employees and has been doing good from over 12 years. All the employees are being paid as promised from the start.

    I joined the company in Jan of 2006 and was being paid in time and as promised from day 1.

    There was an RFE raised on my 140 filed with substitution with rgrds to Ability to Pay. The proferred wage mentioned in the Labour was 75K and my company had the ability to pay in 2002, 2003 and 2004 based on their financial documents except for the year 2005.

    In 2005 the company started a new division and hired several people, basically they were restructuring their company for the future and there net or gross whatever income was in -ve, They spent a lot of money on training, hiring etc.., which are reflected in their financial documents.

    They were back too good numbers in 2006 and 2007 while i was working for them. In 2006 my W-2 show salary less then the proferred wage in the labour and at that point of time the company nor myself had any idea that we would substitute this X labour for me, But the companies numbers were good to support the difference of amount in 2006.

    In the year 2007, i had a good hike, but was still below the proferred wage but only by 3K, and again the company had enuf finances to support the difference of amount.

    Starting of 2008, i got another good hike and am way above the proferred wage.

    Now the RFE was raised for Ability to pay from 2002 to current date, the current date being March 2008 when the RFE was raised.

    My company submitted all the docs required and for the RFE and also clearly explained the reasons for the numbers being bad in 2005. They submitted my w-2's for 2006, 2007 and salary stubs for Jan and Feb of 2008 along with their tax returns, etc from 2002 to 2007.

    Now the Response has been file on March 28th and am awaiting the decision, has anybody faced any similar situations and what could be the results you guys predict.

    Would the USCIS consider only 2 months of my salary stubs in 2008 to qualify my case as being paid more than the proferred wage or would they scrutinize every other thing....

    Any replies are appreciated.... Thanks





    conchshell
    08-19 02:59 PM
    Thanks so much for the suggestion. How can I have my contact details available without posting it on Public Forum?
    Meantime, please contact me thru PM, if I can be any help.

    May be we can have a section on IV website, where we can list 'handles' of our citizen members. People can PM them when a genuine emergency occurs.