Wednesday 29 June 2011

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  • imm_pro
    09-09 06:20 PM
    Posting it in this thread, as this is related to HR5882.

    Make Immigration Work for Working Immigrants

    http://townhall.com/Columnists/CesarConda/2008/09/09/make_immigration_work_for_working_immigrants

    Employment-based immigrants contribute greatly to America, although you would not know it from the way current U.S. policy treats them. Due to low quotas, a typical skilled immigrant sponsored by an American company now waits 6 to 10 years for a green card (permanent residence). The House Judiciary Committee marks up legislation this week to change that, representing likely the only measure Congress may take in the remaining weeks to aid innovation, the economy and the competitiveness of U.S. companies.

    H.R. 5882, authored by Rep. Zoe Lofgren (D-CA) and Rep. Jim Sensenbrenner (R-WI), would reduce wait times for green cards and help retain talented people in the United States. It would do this by providing green cards that had been allotted in previous years but went unused, primarily due to bureaucratic obstacles.

    �A developed country�s competitiveness now comes primarily from its capacity to innovate � the ability to create the new products and services that people want,� according to Curtis Carlson of the Silicon Valley research firm SRI International. Skilled immigrants are a vital source of America�s capacity to innovate.

    The National Venture Capital Association reports that 1 in 4 publicly-trade companies that began with venture capital since 1990 had at least one immigrant founder. While the vast majority of employees at U.S. firms are Americans, when U.S. employers recruit on college campuses they find foreign nationals represent a high proportion of the graduates in key fields. In 2006, 73% of new electrical engineering Ph.D.s in the U.S. were granted to international students, according to the National Science Foundation, while in 2005, foreign nationals received 55 percent of electrical engineering master�s degrees and 42 percent of computer science master�s degrees.

    H-1B temporary visas, which have been exhausted each of the past 5 fiscal years, only allow individuals to stay on a temporary basis, so an employment-based green card is necessary to stay here permanently. The separate quota for green cards for skilled immigrants is set at 140,000 a year (including dependents of the skilled immigrant). That quota has also been insufficient to meet demand, creating waits of 6 to 10 years for a green card.

    The great uncertainty these waits create lead some to give up and leave the United States and others to not even begin the process. The current long waits �cause a reverse brain drain affecting American competitiveness and innovation,� according to Aman Kapoor, executive director of the group Immigration Voice. �At the same time, these green card backlogs create severe quality of life issues for the applicants and their families.�

    Those who understand markets realize that there is no such thing as a fixed number of jobs, as critics of high skill immigration maintain. A 2008 National Foundation for American Policy (NFAP) study found that for every skilled foreign national requested (for H-1B visas) with the Department of Labor, U.S. technology companies increase their employment by 5 workers. Many U.S. executives confirm this experience at their firms. Looking to America�s next generation of scientists and engineers, a 2004 NFAP study found more than half of the finalists for the Intel Science Talent Search, the leading contest for top U.S. high school science students, were the children of skilled immigrants.

    In addition to the reduced waiting times for green cards from H.R. 5882, Congress can take other steps. It can fix the labor certification process for skilled immigrants under which the U.S. Department of Labor (DOL) requires companies to engage in expensive and time-consuming advertisements to show no qualified Americans are available for certain jobs. Neither the law nor the original DOL regulations required such advertisements. Yet DOL is using its questionable authority to, among other things, audit thousands of green card cases from the nation�s largest immigration law firm, Fragomen, Del Rey, Bernsen & Loewy. The Fragomen firm has filed a lawsuit in U.S. District Court alleging DOL has exceeded its authority. Congressional oversight is warranted.
    Congress can also eliminate the per country limit for skilled immigrants, which pushes back wait times for Indian and Chinese professionals, exempt from green card quotas those who earn a master�s degree or higher, and increase the quotas for H-1B temporary visas.

    While H.R. 5882 will not solve all our immigration problems, it represents an important effort to retain talented individuals in America so they can help create jobs and innovation in the United States.

    Stuart Anderson is a former Staff Director of the Senate Immigration Subcommittee and now Executive Director of the National Foundation for American Policy, a nonpartisan policy research group based in Arlington, Va.





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  • roseball
    09-25 12:41 AM
    I concluded the same ( Though never posted that analysis :)) But It looks like we are missing a very critical point - we are assuming that " these pending numbers are the total 485 workload USCIS has" but I referred a different chart on USCIS board and it looks like there is a separte hoard of "preadjudicated" applications already sitting in a queue apart from these numbers. Please check on following link.

    USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=9&office=4&charttype=1)

    The I-485 information in this chart includes the family based I-485s as well.





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  • like_watching_paint_dry
    06-13 08:52 AM
    Of course yes its for our interest BUT don't forget that its against a violation. Tomorrow if the same organization brings resources in H-1B/EAD/GC/Citizenship we are not going to complain about it ... because its within whats allowed by the law, I think thats the purpose of having rules ... to have a fair playing ground ... think abt the havoc/chaos these companies could create by bringing people without any visa (illegally across borders) and talk about 'closing the doors and me not brought up that way', do you think that anyone including you would support that???. Here the purpose of L-1B visa is misused and blindly violated, so lets move in the right direction, we are not asking all L-1B visas to be banned BUT to investigate the abusal of that visa category and we are just pointing out the incidents where we think its getting violated. Lets see who is on right/wrong side. We'll leave the decision part to ICE/USCIS/Other agencies involved.

    I think you are doing the right thing here. My question .. what are the typical signs you need to watch out for to determine L1 violations are happening? How do you collect information / evidence that ICE or USCIS could find helpful and act upon?





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  • Edison99
    03-31 01:58 PM
    Thanks pappu for the updates!
    During the discussions on 1485 filing provisions we there were questions related to EB2, EB3 backlog numbers post 2007 july + Based on the recent information we got on pending numbers + our discussion on if EB2 will get current this year helps us understand how the last quarter will behave. This analysis is not official and is our own interpretation based on information we know. We do not wish to seek out specific information on visa bulletins. It has not been IV policy. VBkris has been involved with IV statistical analysis of data and has been in meetings with officials. He has come up with an explanation to this news and how it may play out for the last quarter. His interpretation makes sense to me and I have asked him to post on the forum.



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  • Justin Bieber Selena Gomez



  • abhijitp
    07-09 09:02 PM
    Don't think USA is like India where you can do something forcefully.

    You are right.
    Like or unlike India, in the USA you can do what you want "peacefully" (do not know about forcefully, and not interested either). BTW that is ONE reason why this country is such a popular destination for so many.





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  • factoryman
    06-29 08:37 PM
    My new theory is the DOS was influenced by politicians who are attorneys (I beleive that there 50% of lawmakers) and it released a huge Visa Numbers. The politicians have strong connections to law firms. The USCIS doesn't want to do it, because it doesn't have 'resources', 'money', 'manpower. So, they are on a near strike mode, not attending routine works like sending receipts., etc in a timely fashion.

    If it is any consoling to you, this is what I posted yesterday at a different thread at IV. Looks like I can re-cycle it today for a larger audience. Click the hyperlink and see the video for yourself.
    A strong case of moronic president, moronic problems?

    ...........
    ................

    Many issues are being swept under the carpet. I had written a few times earlier. The backlog and GC issues are not truly a numbers game. It is the neo-con regime and the republican culture that had engulfed Washington, its consequences, that had made things miserable for us; we, the legal immigrants.

    4/5ths of the illegal immigrants have been here by the time of Clinton's second term. It was a non-issue then. You should understand why is it an issue now? Why can't it the legal and illegal immigration be addressed and solved. In a democracy, things like this can be solved administratively, legislatively and judicially. Adminstratively, we we hit below the belt, in backlogs, in delays, in sudden rule changes (no concurrent filings of PD is not current). Legislatively, they are stalling and falling apart. What is left for the immigrants?

    I had written many times earlier.

    Why should you know? Why should you understand? It is in your own interests that you understand things wisely. Failure to know what is happening on the ground, what is happening around us is a sure shot for personal failure.

    In this connection, see a counter-point on the immigration bill.

    http://www.newscorpse.com/Pix/Caps/cavuto-chong2

    See the Entire Video here (http://media2.foxnews.com/062807/062807_cav_chong2_300.wmv)

    here is my theory.

    DOS and USCIS played a tactical move by making all the visa numbers current in anticipation of the CIR bill so that the legals wont complain to the senators about retrogression.

    Once the CIR went down the drain, they are panicking about the outcome of their tactical error and trying to undo that move.

    Again, just my theory...:confused:



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  • Canadian_Dream
    03-27 03:05 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    The bottom line is if a corporation has decided upon a certain policy (how much stupid and discriminatory it may be) it is futile to fight it becasue they will do it one way or the other. It is better to find an employer who respect your talent and what you bring to their organization as opposed to what kind legal papers you are carrying. What's happening with the EAD situation generally happns in a tight labor markets and we are in one now. In 2005-06 these same employers were fighting with each other to get as many H1B by filing twice the application allowed on the same day and now suddenly EAD is a problem. According to this website Capital One has 1200 H1B's.

    http://www.myvisajobs.com/H1BVisa/sEmployer.aspx?E=Capital+One&OG=All&SO=All&Y=All&SON=All






    There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc

    From their Employee Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf



    From their Employer Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf



    From OSC Update newsletter April 2004:
    http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf



    FAQ:


    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.





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  • akela_topchi
    08-07 11:11 AM
    Knowingly, or unknowingly, you are dividing this community on meager self-interests. That's the worst somebody can do to IV.

    We don't need NumbersUSA to divide us when people like you are here...



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  • 2011 Billboard Music Award



  • chanduv23
    03-24 02:04 PM
    Its been over 3 hours now that I informed CapitalOne that the discrimination is illegal. And as expected, no reply received yet.

    You scared the HR. He/she would have never thought you will get back to them with this info :D

    I was talking to a reqruiter the toher day and he told me of a case where he placed a candidate with EAD and within weeks the EAD expired and the renewal did not come in time, though they managed to clear out the issue, the company seems to be uncomfortable dealing with the EAD shit, thats what he told me.





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  • doudou
    05-17 11:13 AM
    I am applying for AOS on a EB basis. My wife will apply along with me as a beneficiary. Unfortunately she worked on H1B for another company without notifying USCIS and on a different job capacity. What are the chances for her I485 to be denied? Do we have to mention that in I485 form. She is currently on H4 and is not working. Thanks.



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  • rahulp
    05-23 09:59 PM
    I want to be in a position to use AC21 as early as possible. What happens if laid off after getting EAD but before 6 months since filing I-485?





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  • sertasheep
    07-10 07:41 PM
    Solidarity from Bollywood

    http://www.prlog.org/10023531-bollywood-supports-highly-skilled-workers-green-card-concerns.html



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  • sankap
    09-10 11:55 AM
    I see soft LUDs (09/10) on my and my wife's I-485s. Not sure what to infer.





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  • PBECVictim
    06-29 05:35 PM
    I am joining Law Suit. I am leaving this country, if they make it 'U' for Eb2 and Eb3 for India.



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  • May 23, 2011 · Selena Gomez



  • ashburn07
    11-21 04:10 PM
    I know this topic has been thoroughly disussed above but still would appreciate some response to help me for my situation:

    My husband has filed under EB3 category(chargeability India) and has a PD of Oct06. I-140 is pending and we have filed for I-485 (husband primary and me dependent), EAD and AP.

    I have filed my GC on July9th and have an approved labor, and am planning to file my I-140 and I-485 as I have a charegability of Iraq.

    My question is if I do file I-485 as the primary and make my husband the dependent on the application, do I still need to provide the A# number we received from his I-485 application receipt?
    Can it have a negative impact on either of our GC application?
    If we are asked to chose when will it be asked?
    Please do reply and help me.

    Thanking you in anticipation for your reply





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  • Caliber
    10-07 01:37 PM
    The USCIS calls this efficiency. I wish these folks to be on the receiving end of their own treatment in their next life.

    Dear Alterego,

    What do you think we are? We were INS officers in our past lifes and troubled all these Chinese and Italian immigrants. That is the reason, why we are born to take back what we gave them in past life.



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  • ab_tak_chappan
    08-21 12:04 AM
    You sure are one of those cry babies :D:D
    Good luck buddy with your endeavors!
    Well sir, let me disabuse you of that notion. Eb3-other workers is ahead of EB3, and that in itself flies in the face of your assertions.

    Why should USCIS approach oldest priority first? Well because that is how the law is. The law only affords you the initial set of numbers all the spill-over numbers from another category is supposed to be used in a FIFO manner.


    You have made other comments about being cry-babies etc, I could respond to that in more than kind, but I will not, because I refuse to get distracted beyond sane arguments. And BTW: respect, not unlike trust, is to be gained, not asked to be followed.





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  • delhiguy79
    08-13 08:27 AM
    yes if you are filing another 485 with your spose as primary and you as dependent..
    you need to fill out A#'s assigned with first applications..

    if both r filed on the same day ....then there is no way u can mention each other on application...

    my lawyer said if if it is filed like that ...u can combine the two applications when u get the receipts...





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  • amitga
    01-24 02:52 PM
    I always use AMEX and I know they have a good service. Maybe that is the reason they don't accept AMEX. I also disputed the charges with my CC company and they just got back to me after a month. They require some kind of proof (which I have), but I know what they are going to say. Since the email from UK emb(ass)y clearly mention the amount of $184 and $276, they (CC company) will say the charges are correct. The trick is to catch someone at the emb(ass)y, but it will only work if their email's are working or someone out there will handle my voice mail message left on their answering machine. It is much easier for them to delete/ignore the message than to take pains to correct the situation. Remember, I am dealing with a useless govt. organization rather than a highly competitive private company.


    You can take a printout from the UK emb(ass)y website showing the standard charges for Visa. I think if you print page from the following link , that will be good enough proof for CC company.

    http://www.britainusa.com/visas/articles_show_nt1.asp?a=41054





    WaldenPond
    01-08 02:12 PM
    I must say y'all are doing a commendable job. I have contributed $$ and would do so more in the future if needed.

    I remember Senate Majority Leader Bill Frist saying that the comprehensive immigration reform bill will be handled in February 2006. Is the schedule still the same. I am keeping my fingers crossed and hope that everyone of us stuck in this immigration hell-hole will get a relief from the comprehensive immigration reform bills that (hopefully) will be passed in 02/06.

    Thank you.


    Hello PD073102VA,

    Thank You for the contribution, positive feeback and encouragement. Please check you private message.

    Thanks,
    -WP





    mheggade
    10-29 11:45 AM
    done:cool:



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