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Wednesday, June 15, 2011

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  • gc28262
    01-28 05:15 PM
    Did you even read my post and the pdf link. BTW, pdf link refers to Aug 21st, 2009 much before this memo came out. Even if memo is withdrawn, how that is going to change the points agreed by the court?

    Here is the pdf link again
    http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf

    I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.

    Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.

    Just harping "illegal memo" does not change anything.

    ________________
    Not a legal advice.

    Referring to the document.

    1. AAO is under USCIS ( I assume )
    2. USCIS has been making these erroneous judgments in the past in reference to H1B applications. If AILA overturns this USCIS memo( which I think is most likely), all these USCIS arguments will be trashed.

    Regarding the date of PDF (Aug 2009), USCIS has already been practicing whatever is listed in the Jan 2009 memo for past 1.5 years. The above said decision (PDF) was made during that duration. AILA is contending the very arguments made in Aug 2009 pdf.

    Also on another note, one of the leading lawyer's client reported that he got his H1B approved for a multi-layered consulting situation without even a client letter. So it depends on the lawyer who is presenting the case.

    Anyways let us wait and see.





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  • qplearn
    09-13 03:38 PM
    Why don't you write and sumbit an op-ed piece to The NY Times? While I personally like watching Jim Lehrer's newshour on PBS, we shouldn't get obsessed with a particular program. We have been featured all over the mainstream media.

    Here's the Washington Post Article that inspired me to join IV in April. I challenge you to write an article that will get us our next 6,000 members. And alll news articles about IV exist on a thread. Please look carefully before you trash our efforts. Thank you.

    RR
    --------------------------------------------------------------------------
    Skilled Immigrants Turn to K Street
    High-Tech Workers Awaiting Green Cards Hire Lobbyists, Hit the Hill
    By S. Mitra Kalita
    Washington Post Staff Writer
    Wednesday, April 26, 2006; D01
    On the December day when Congress killed a budget amendment that might have allowed him to become an American a little sooner, Aman Kapoor started a movement.
    He did not march through streets, carry signs, wave a flag from here or there. He did not walk off the job or file out of school. The computer programmer simply went online to a message board tracked by thousands of people in his predicament: highly skilled foreigners waiting years for their green cards.
    "I think we can do better and really create the impact with organized effort," he wrote. "To achieve this we need a group of individuals who have shown commitment and motivation in this forum."
    The next night, a dozen people living across the United States shed their Internet handles -- Kapoor's was "WaldenPond," a nod to his hero, Henry David Thoreau -- and addressed one another by name on a conference call that lasted an hour. Today, just four months later, the organization they dubbed Immigration Voice boasts 3,000 members; a fundraising goal of $200,000; and, most notably, a partnership with a high-powered lobbying firm, Quinn Gillespie & Associates LLC.
    The group's transformation from an insular circle to a politically active movement offers a window into an alternative immigrant campaign being waged as the Senate this week resumes its work on immigration laws.
    Most members and all the core organizers of Immigration Voice hail from India, though Chinese membership numbers in the hundreds and is on the rise. Most arrived on an international student visa or a visa known as the H-1B, reserved for highly skilled workers who can stay for up to six years -- unless an employer sponsors their green cards, which grant immigrants permanent residence in the United States and the right to live and work here freely. Over the past decade, the largest numbers of H-1Bs have been awarded to high-technology workers from India and China.
    Thus, while the passage of a strict border-security bill introduced by Rep. F. James Sensenbrenner Jr. (R-Wis.) mobilized many other immigrants in December, members of this high-tech group had their eye on another: a budget reconciliation bill that, in the Senate version, would have allowed those waiting in line for a green card to proceed even if the quota had been exhausted. The provision was cut in conference committee, stirring many to action and leading to the founding of Immigration Voice.
    While hundreds of thousands of protesters took to the streets to get Congress's attention, Immigration Voice took a decidedly different approach. Shortly after the group was established, Kapoor and other volunteers began interviewing lobbyists, relying mostly on Google searches and data from the Center for Public Integrity's Web site.
    "If it was not going to be big, it would not be worth the effort," said Kapoor, who works for Florida State University and has traveled to Washington nine times in the past three months. "Most of us have reached that point, having waited for eight or nine years, where individual lives are on hold."
    Neither Quinn Gillespie nor Immigration Voice would disclose the amount being paid for the firm's services. Kapoor said it is "less than five figures."
    "This is a sympathetic story," said Nick Maduros, a lobbyist for Quinn Gillespie. "For this group, their issues are very technical and are frankly not that controversial, but they have been overshadowed ."
    Immigration Voices also enlisted the help of Rick Swartz, who has his own firm and has long been a leading lobbyist for immigration groups. Swartz gathered members of the group at his home one January weekend for a crash course in American politics, teaching them to position themselves as the "new Cubans for the Republicans."
    Although their numbers are far smaller -- fewer than 2 million Indians live in the United States, according to the 2000 Census -- the group is among the more affluent immigrant communities. And because their numbers are smaller than those of Hispanics, they are trying to focus on other ways they can exert power -- through their wealth, their positions of influence in the high-tech and business communities, and their alliances with more established advocacy groups such as one for Indian physicians and an Indian political action committee.
    While the immigrant marchers' demands have covered a range of issues, including allowing immigrants to gain legal status and eventually citizenship, the members of this association are more narrowly focused: They want Congress to pass measures that would end the years-long wait for a green card. In fact, they warn that efforts to enable millions of illegal immigrants to remain here permanently would result in the same bureaucratic nightmare legal immigrants are now facing.
    "If you're going to reform, reform across the board," said Bharati Mandapati, who oversees content for the group, which means she has learned how to word and pitch legislative amendments.
    The group has refrained from taking a stand on the fate of the undocumented workers, though it monitors chatter on its Web site to ensure that frustrated high-tech workers don't disparage lower-skilled laborers such as landscapers and restaurant workers. It also has stayed mum on raising the cap on H-1Bs, the visas that made most of their passages possible.
    Under a proposal introduced by Sen. Arlen Specter (R-Pa.), the number of employment-based green cards being issued would increase from 140,000 to 290,000. Currently, no one country is supposed to take up more than 7 percent of the allotment, though unused green cards can be redistributed to countries that have already met their quota. That has made possible migrations in excess of 7 percent from nations such as India, China, Mexico and the Philippines. Under the proposal, the per-country cap would be increased to a hard and fast 10 percent. Proponents say this would prevent one country from dominating the category and would retain jobs for native-born Americans.
    But Mandapati, a California-based economist, argues that the restriction would hurt the United States because the demand for skills changes. "It just so happens that computer technology and certain technical skills are in great demand here and all over the world. It just so happens that there are two countries that have invested a lot of resources in educating people in these fields . . . India and China."
    About a half-million immigrants are caught in the green-card backlog, some as they wait for Labor Department approval or because quotas have been exceeded. In that time, they cannot be promoted or given substantial pay increases because that would mean a change in job description and salary. They turn to Web sites to compare their wait times with others, and their Internet handles, such as "stucklabor" and "waiting_labor," exude their frustration.
    During meetings on Capitol Hill, Maduros and at least one Immigration Voice representative lay out the group's platform, weaving in the personal stories of members. Shilpa Ghodgaonkar, a Germantown housewife, has become a staple anecdote -- and a frequent visitor on the Hill.
    For four years, she and her husband have been waiting for their green cards. Ghodgaonkar's husband arrived on an H-1B visa, and she followed as his dependent, unauthorized to work here. To pass the time, she learned to cook. Then she volunteered as a career counselor in Montgomery County. Last year, she earned her MBA from George Washington University. In December, around the time Kapoor sent out his e-mail plea for mass mobilization, Ghodgaonkar had run out of options.
    "I just couldn't keep quiet anymore," Ghodgaonkar said. "I cannot be depressed anymore."
    She keeps a spreadsheet that lays out appointment times and the senators' offices she has visited or still plans to: Specter, Frist, Schumer, Brownback, Bingaman, Feinstein, Feingold. Wednesdays bring a weekly call with Quinn Gillespie. And every few nights, there are conference calls among Immigration Voice's core team.
    Now the group plans to closely watch the debate resuming in the Senate Judiciary Committee. Earlier this month, Sen. Sam Brownback (R-Kan.) proposed amendments with all of the group's provisions. Other lawmakers confirm that they are still meeting with the group to hear their concerns.
    Immigration Voice leaders say the past few months have focused and politicized Indian immigrants in a way that was not apparent in the past. "There is a very 'Mr. Smith Goes to Washington' quality" about the current effort, Mandapati said. "It's been a journey, a loss of naivet� and getting to know about American politics."
    � 2006 The Washington Post Company

    This is not the article placed on the thread. And nobody is trashing your efforts!!!!





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  • santb1975
    02-01 04:09 PM
    Obama made a statement last night we should fix the Borken Legal Immigration System. I thought he knew about it. Thanks for the Ideas. I am going to ask a question about the yearly cap of 140K for EB Green cards


    Clinton, Romney & McCain know about EB GC problems; they may not know some low level details. I don't know about Obama.


    The questions are very very simple.

    What do you plan to do about administrative delays (like labor, namecheck, ...)?

    This can be done by the Prez alone!
    What do you plan to do about the yearly cRap of 140K?

    There is no cRap on F1. There is no cRap on persons hired. Why should there be a cRap on GC?

    I-485 approval should mean GC!

    This needs congressional legislation!
    If retrogression drags then H-1B rules (like pay stubs etc) should not be applicable!

    This MAY need congressional legislation!





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  • saikatmandal
    01-31 02:31 PM
    Please use the "Most Popular" tab to locate and vote for the question.

    http://dyn.politico.com/debate/democrats/VoteForQuestion.cfm#



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  • hope2007
    07-18 02:19 PM
    Can anyone pls post the tel num to call USCIS.





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  • eastindia
    01-10 11:49 AM
    Precisely,
    they ask me for monthly contributions and I ask them to hold something big, a rally or something first, as I was not July2007 filer. That's why I am stopping to come here now. To ask for contributions, IV must hold something big,

    How about you do something big like start a rally or sit on hunger strike in DC. I and many others I know on H1B will support you. We are all just waiting for someone to do it because we cannot do it. We all just write good posts and are free riders. But if you are willing myself and my friends on H1B will support you. Go sit in DC on a hunger strike or something and we will all support you.



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  • ThinkTwice
    07-11 06:10 PM
    Some one suggested ..
    -keeping in spirit with our recent flower protest, we should hand out single flowers on the day of the rally

    - There was another suggession about having ballons in the hands of kinds with messages on them.... I dont know if we can get balloons with messages but what do you guys think about balloons in kids hands.. The Kids who are born here are citizens .. and they support our cause .... :)





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  • sdrblr
    09-15 09:40 AM
    I believe it was last year(not sure exactly) when USCIS started this new initiative where the AILA members can send an email and "Remind" them that a particular case is current. Basically you will send an email with the subject

    EB I-485/SEPT or EB I-485/OCT or EB I-485/DEC (Month of the VB when you will be current)


    and the body will have just the A #s

    A123456789, A987654321


    Note if you have multiple A#s (self, spouse etc) seperate it by comma.

    send it to
    streamline.tsc@dhs.gov OR streamline.nsc@dhs.gov

    You will get an automated reply with in minutes

    I not sure whether this works...but hey who cares all that you are doing is sending an email.



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  • mbawa2574
    05-26 07:45 AM
    Have to watch this one carefully. Kennedy (one of the co-sponsors of this bill) had thrown EB immigrants under the bus last year while favoring FB and illegals (in CIR). Need to be see the contents of this bill very carefully. Esp this clause from the AILA report:
    "Addressing the decades-long backlogs for certain countries by raising the per-country immigration limits from 7 percent to 10 percent of total admission".
    The CIR in 2007 had a similar clause, bumping up the country-limit from 7% to 10%, BUT it had another related clause that stopped rollover of visa's in the last quarter.
    That would be disastrous for people from India and China as number of visas issued for the whole year will go DOWN!!
    The recapture clause sounds promising , provided there is atleast an even split between EB and FB (of EB coming before FB). If they do it the other way around (like they had done in the last recapture for schedule-A nurses) then EB people will see no benefit of the recapture, and will end up losing one more quick-fix option.

    Eagerly waiting for the bill text so the dissection and analysis can begin!!

    RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.

    (a) Worldwide Level of Employment-Based Immigrants- Subsection (d) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended to read as follows:

    �(d) Worldwide Level of Employment-Based Immigrants-

    �(1) IN GENERAL- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--

    �(A) 140,000; plus

    �(B) the number computed under paragraph (2); plus

    �(C) the number computed under paragraph (3).

    �(2) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between--

    �(A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and

    �(B) the number of visas actually issued under section 203(b), subject to this subsection, during the previous fiscal year.

    �(3) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between--

    �(A) the difference, if any, between--

    �(i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2007; and

    �(ii) the number of visas actually issued under section 203(b), subject to this subsection, during such fiscal years; and

    �(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(b), subject to this subsection.�.





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  • nixstor
    07-28 11:44 AM
    PMP is a good idea. But is that what you exactly want to do? Figure out. I work with PM's every day and in my company it is a pre requisite for every PM to have PMP on Resume before the Hiring Managers look at their Resumes. How ever, I personally feel that the project manager's job is mundane. Some times I even wonder whether these guys know any thing other than putting some M$ docs and ppt shyt together (doesnt hold good for all PM's) with all the info they gleaned from their managers and others in project. Is it that difficult? May be, this is happening in my company only or I am being blind because they do get paid in 6 digits. But it will definitely help you grow in an organization esp in the managerial ladder. You gotta lose something to get something. I am seriously considering taking up GMAT prep but my situation holds me back as my wife cant work.. blah blah.. What ever.



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  • gcmaze
    07-16 01:56 PM
    signed





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  • smartboy75
    10-12 05:17 PM
    or may be a virus attack ... too coincidental to have sent notice on same day ...

    my 1.9 cents ...
    Not really.

    It is a learning phase for everyone here at IV...

    Before this issue was raised no one had heard about it....but now after 50 replies and 6000 views ..we have more insights regarding USCIS procedure...

    I would encourage everyone to create induvidual portfolio on USCIS website and make sure you add every receipt you have ever received and set email update on the same that way you are aware of happenings on your case.

    The way USCIS works, the benificiary is usually kept in the dark unless information is needed from the benificiary.

    Live and learn...



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  • RandyK
    11-05 10:49 PM
    Like I said, I did not catch the whole speech, but from what I heard, he was not talking completely against it, he mentioned that businesses need more H1B's and should be able to hire foreign talent.

    He was mainly against abuse by big consulting firms (he gave out a statistic that 20K of the H1B went for 8 or 9 of the top consulting firms or something like that).

    At least there is something happening..... we have only two weeks....... this may be our only chance this year to attach anything EB





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  • TomPlate
    07-11 01:06 PM
    guys get the ration card next month free 1kg rice. Please also make sure you get palmoil.



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  • raj2007
    06-16 12:57 AM
    You guys are amazing.. I have one hypothetical question.. Please pls let me know what you would have done in the below scenario. I think a simple yes or no answer is what I am looking for.

    PD is Apr 06 - I-140 approved - Currently Unmarried � WILL TAKE ATLEAST ONE YEAR BEFORE I GET MARRIED - My Spouse will be residing in India at the time of marriage - Spouse would not have any valid U.S visa (H1 or L1).

    I have read this thread and others, and I think I understand a little on how the process works. I am looking for your gut-feeling answer if I should apply for 485 or wait till I get married. Let�s assume that my marriage will take place only after one year from now.

    I know it�s a very very tricky situation, I am very confused. Obviously, my preference is to wait for a longer time to get my GC, than separated from spouse for years.

    Should I apply for 485 or not?

    There are so many stages where you can apply the breaks. Like if you get your FP too soon..you can reschedule the date or even withdraw the I-485 application later. Other option is to convert to CP. There are so many options and talk to your attroney.

    I feel you should file now, try to do civil ceremony done in india in 30-45 days so you are safe.





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  • greencardvow
    07-18 05:24 PM
    Date of Delivery: 07-02-2007
    Time: 11:00 a.m.
    Service Center: NSC
    Status: ???



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  • cooldesi
    04-02 06:28 PM
    there are two factors here:

    1. Regarding consultant coming to US. As employer told he does not have bonafide job offer. he is at 0% fault and consultant 100%.

    2. Regarding paying for h1b fee. employer obviously did not make money here but he was not supposed to take money from consultant.

    it's all about greed on both sides.





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  • sobers
    02-23 10:08 AM
    February 22, 2006
    Right TRACK Act


    KENNEDY PUTS FORTH PLAN TO JUMPSTART AMERICAN COMPETITIVENESS
    Gives Major Address On Turning Era of Globalization into a New Era of Opportunity for America

    Boston, MA�Today, Senator Edward M. Kennedy was at Northeastern University to deliver a major address on his plan to reinvest in America's competitiveness and turn around damaging impact of the global economy. He was joined by President Richard Freeland, business leaders, students and educators to share his ideas of how to this country back on track.

    Kennedy argues that our nation is at a crossroads: we can continue to be buffeted by the harsh winds of the global economy or we can think anew, and guide the currents of globalization with a new progressive vision that strengthens America and equips our citizens to move competitively to the future. He believes that we cannot advance forward by continuing down the same path of the last five years that put special interests over America's interests by cutting back on investments in education, invention, and innovation, as the Administration has done.

    He said, "The 20th century was widely hailed as the American century is up for grabs. No nation is guaranteed a future of lasting prosperity. We have to work for it. We have to sacrifice for it. We must open new doors and new avenues for all Americans to make the most of their God-given talents and rekindle the fires of innovation in society. By doing so, we can turn this era of globalization into a new era of opportunity for America."

    Senator Kennedy proposed a plan to move the country forward and to restore America's advantage in the workforce, education, health care and research and development. As he outlined it he said, "The essence of the American Dream is the ability to provide a better life for yourself and your family. At its very heart are a good job, first-class education, good health care, and a secure retirement. Some say the dream is out of reach in today's global economy. But I'm here today to tell you it doesn't have to be that way. We can revitalize the American Dream. "

    Senator Kennedy's bill, the Right TRACK Act (The Right Time to Reinvest in America's Competitiveness) seeks to:

    1) Create high quality jobs

    2) Educate Americans to fill the jobs of the future

    3) Preserve good jobs in the US

    4) Level the Playing field for US workers and businesses abroad

    5) Help those harmed by globalization, workers and communities

    6) Modernize U.S. Labor and Employment Laws

    For full text,
    http://kennedy.senate.gov/~kennedy/statements/06/02/2006222443.html





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  • asanghi
    01-30 05:42 PM
    I voted for both questions.

    BTW Sen. McCain is now front runner in GOP for presidential candidate. Even though he backed out of immigration reform, I consider him our friend and also a person of integrity. I am glad to see him emerge as front runner. On the other hand Tom Tancredo figured nowhere, even when immigration was still hot issue. That should be enough for our friends in NumbersUSA & ALIPAC to see where they stand in terms of public support for their issues.





    for_gc
    06-07 08:37 AM
    We need to cut all the negativity here on this forum and focus on things where we can actually make a difference in intellectual argumentative way.

    It is absolutely useless at this point to predict the visa bulletins when we have a fair idea that there is about 3 or so years worth of backlog for EB2 and possibly much more for EB3.

    This article shows a lot of research and thought process has gone into its making.

    Great Job!





    BrightSpark
    06-22 07:45 PM
    I wanted to win too!

    *pokes mlk in the eye then kicks him in the *** and runs away shouting .. i win, i win!*



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