Friday, June 17, 2011

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  • kaisersose
    05-07 12:22 PM
    I am reading a lot of information posted on this form thanks a lot to every one.
    But I am still not clear if I can apply in EB2 (PERM) as the job requirement says

    Minimum of 5 years programming experience

    But is really important to SAY THAT�S MASTERS DEGREE PREFERRED,
    Because I have Masters in computer science but the job requirement does not need it.

    To apply in EB2? Or just BS+5 years of experience is good enough

    Form information posted I deduce that BS= 2years of experience
    I have 5 years of experience so total of 7 years (SVP of 8) as per
    http://online.onetcenter.org/help/online/svp.

    Guru�s Please Advise!!

    P.S : I was in EB2 before had to walk away from it as I had change jobs, Perm approved, I 140 in process and I-485 not filed


    This is really a question for your attorney.

    General basic EB2 requirement is MS + n years of experience where n >= 0. BS + n + 5 years of experience is also acceptable.





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  • bigtime007
    06-28 12:24 PM
    Does this indicate that all dates will be 'C' in July?

    Maybe this means August VB will retrogress?





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  • factoryman
    06-18 05:24 PM
    and will revalidate your H1B, assuming the job, company everything is same. That is my best educated guess.
    What heppens if i have AP and go for H1 revalidation...the h1b gets rejected/delayed..can i come back in AP?





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  • sathyaraj
    11-08 08:36 AM
    Hopefully we will continue the fireworks before this yr to get the visa re-capture and increase in EB visas.

    Happy Diwali to everyone!!



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  • SGP
    12-30 09:40 PM
    Can't agree less with you. You describe bosses too well. Look for another job and switch ;). Live a KING's life not of a Slave.

    If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.





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  • docwa
    08-05 01:41 PM
    Yes, Its the same number, but at one of the prompts, you need to put a different number for LIN.



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  • msp1976
    03-03 08:29 PM
    Legal Immigrants in Limbo

    It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.

    A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
    1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
    2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
    3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
    4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.

    As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.

    Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.

    And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.

    As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.

    The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.

    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.

    In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.





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  • logiclife
    01-15 04:51 PM
    I have purchased 4 firearms during my nonimmigrant status, including a handgun. Nonimmigrants can generally not own firearms in the US. Though, there is an exception to the law if you possess a valid hunting license and have resided in the US for more than 90 days. I took a hunting class, which was a prerequisite for the hunting license and also had very good firearm safety information.

    For long-guns, you will need some paperwork before you go to the gunshop (utility bills from at least last 90 days, hunting license, Driver's license, your I-94 number). The background check will probably be delayed a day or two while FBI checks your immigration status. Your gun seller will call you when they get the ok.

    For handguns, there may be additional paperwork. I had to apply for handgun permits with the local sheriff's office. The person you first deal with will probably be unaware of the exception for individuals with hunting licenses. You will probably need to take a copy of the law (ICE has a pamphlet on firearm laws for nonimmigrants, take a copy with you) and talk to a supervisor. Once you get the permit you take the permit and your DL to the gun seller plus all the paperwork I listed for long gun purchase. Let me know if you have additional questions. Good luck.

    I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.

    Here is the biggest irony:

    IN order to own a gun, FBI needs only 2 days to check your background.

    IN order to get 485 approved, FBI takes months or years to do a background check.

    I guess green-card is a more lethal weapon than a handgun.



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  • leo2606
    10-24 08:52 PM
    I don't think you need to get scared for this.
    Eventhough USCIS center system accepts the finger prints, FBI system may reject for the quality of Finger print reason.In that case one can get another notice.I did read this some where in FBI or some immigration attorney's FAQs.If I re collect I will post the link.


    We(my husband,my two kids,and I) did finger printing on July 19,2007. Now My older son 13 years old got finger printing again. Why?, what does it mean.
    I am scared





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  • kevin08
    04-17 11:09 PM
    Unique Transaction ID #5L468486F2892453U
    I am in for $25 for one month.

    Guys, please contribute and show support to YOUR own IV.



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  • gceverywhere
    03-19 03:15 PM
    We could not even pool $10K for FOIA. For lobbying, one needs lots and lots of money in the range of 100K -200K. What can IV do? Can you explain what you mean by "something'? if all of us EB3's can pool 100K, then we can request IV to do "SOMETHING". Hope every one understands this.


    I Agree but then again, we have to realize that this is a loop. Maybe it's a matter of IV proposing a campaign specifically for EB3 I and then see what kind of money pours in for that campaign.

    I have contributed in terms of time and money and do believe in what we do through IV. I also know that WE are IV. So don't take my message in the wrong way





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  • sc3
    11-15 01:09 AM
    let us not be moral police here.

    Its illegal for an employer to charge for H1B. You cannot expect employee to know and enforce the law. Employers know its illegal to charge money and in this case his employer is in violation of law.

    I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.

    I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.



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  • thankgod
    06-03 08:23 AM
    Sukanya Roy is America's spelling bee champion | Sukanya Roy | 2011 Scripps National Spelling Bee | Indian Express (http://expressbuzz.com/world/sukanya-roy-is-americas-spelling-bee-champion/280779.html)

    WASHINGTON: Spelling tongue twister "cymotrichous", Greek for having wavy hair, Indian American Sukanya Roy has won the 2011 Scripps National Spelling Bee crown to retain the coveted honour for the community for the fourth year in a row.


    Roy, 14, an eighth-grader at Abington Heights Middle School, Pennsylvania, said she knew as soon as she heard "cymotrichous" that she'd get the word right and win the championship Thursday night.

    "My heart started pounding, I guess," she said. "I couldn't believe it. . It's just amazing. It's hard to put into words."

    It was Roy's third trip to the national spelling bee, and she had credited her past experience with keeping her calm and relaxed heading into the finals. She tied for 12th place in 2009 and 20th place in 2010.

    Roy speaks Bengali and every summer travels to India to visit family. She hopes to pursue a career in international relations.

    Roy is the ninth Indian-American in the last 13 years, a run that began when Nupur Lala captured the crown in 1999 and was later featured in the documentary "Spellbound."

    The winner will be awarded a $30,000 cash prize, a trophy, a $2,500 US savings bond, a complete reference library, a $5,000 scholarship and $2,600 in reference works and other prizes.

    Anamika Veeramani had scored a hat-trick for Indian-Americans in taking the crown last year.

    Roy was one of the six Indian Americans - Sriram Hathwar, Arvind Mahankali, Prakash Mishra, Mashad Arora, and Dhivya Senthil Murugan - who made it to the last 13 in the finals.

    The youngest finalist was 10-year-old Dhivya Murugan of Denver, who was born in India.

    The spelling bee kids just keep getting better and better. Even words like chlorthalidone," "dreikanter," "renminbi" and "helichrysum" couldn't sufficiently narrow down the field in the semifinals, which needed 95 minutes of overtime earlier Thursday to whittle the competitors from 41 to 13.

    The week began with 275 spellers. A written test Tuesday and two oral rounds Wednesday reduced the field for the semifinals.

    According to the Scripps Spelling Bee's website, this year brought contenders ranging in age from 8 to 15 years old from all over the world.
    -----------------

    GCANDGC



    Who cares man ?

    This is not a news portal. This is meant for Eb2 and Eb3 to be current.

    Let us sknow if sukanya roy can help us to make Eb2 and Eb3 current.





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  • gk_2000
    05-06 04:56 PM
    Agree on ur second point, however I was surprised with the context that "ok lets see how much we can buy the MS course and how soon can i finish it" as supposed to it will be great to do MS and lets see how I can further my career with an added benefit of getting C in case of GC process.

    Again just my thoughts.

    I appreciate your thoughts ..

    But here people are openly showing jealousy, hatred, intolerance. So why not add corruption? At least they are not harming/offending anyone else, unlike the other kinds of post'ers.

    Like it or not, however, it is non-sense to ask people with several years in the industry to be put behind fresh graduates, who will be only fit to work under them when they join

    This is why the spillover's should consider the year too, and backlogs have to be cleared for older category, and if both category in same year then priority to preferred category

    But there are so many insanities in the current laws, that if they start counting it's going to take quite a while to get any result, much less to start revamping



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  • unitednations
    03-24 12:07 PM
    although this doesn't fit 100% to your case. You may want to look at the attached administrative appeals office decision.

    Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.

    nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.

    My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center





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  • Jayr
    08-22 02:15 PM
    I like your word: "guestimate" (Guess + Estimate) i.e. tukka (hindi word)

    Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.

    So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.

    :)

    My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...

    Does anyone know what the legislation is?



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  • prabasiodia
    07-15 02:44 PM
    1. Recapture unused visas identified by USCIS Ombudsman
    2. Remove spouse and children from the numerical limit
    3. Either remove country wise (diversity) quota or increase it to some respectable limits that adheres to true representation based on population and the country’s immigration quotient.
    4. What about automatic GC, say after 8 or 9 or 10 years in H1/L1 status?
    5. Last of all, all the recaptured numbers should go to the persons based on the very first Port Of Entry date with continuous status. It doesn’t matter whether you came on F1 went to H1 then H4. The very first POE date should rule and people that have been languishing for years should get a reprieve. It’ll only be fair that a person that came on 1999 on whatever category gets a visa first than a late comer in 2005. PD is illogical since many of us had to change jobs and do what not and start afresh and still saw no light at the end of the tunnel.





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  • sdrblr
    09-11 07:19 PM
    I got my GC last week but had a house here since Feb 2005. It helps when you file the tax :)





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  • moosh
    07-01 10:58 PM
    I appreciate if someone answerer my question. I am sure this information will help the others too.
    1-I-140 approved
    2-PD became current 2 months ago( according to VB website)
    3-Still I did not received any letter regarding my approval and fees which I have to pay to begin CP
    4-How long will take till I receive my interview?( in Montreal/ Canada)

    Thank You





    helix
    06-13 03:55 PM
    According to the report, there are 100K to 150K applications pending to be processed (guessing PD is current and hence includes dependents) and 500k to 750k applications expected if PD becomes current. If we assume 2.1 dependents on an average, this comes to 1M - 1.5M applications if PD is current. So is the total 1.1M - 1.65M? Does that sound right?





    gc_on_demand
    06-12 12:23 PM
    Outlook is very very grim without a bill from what I understand. EB3 India is going to be in a hole and EB3 PDs that are 2006 and later have a really long wait time ahead that they are not imagining. We are all hopeful by nature and look forward to visa bulletins with a positive attitude but such PD folks may be disappointed month after month for several years. For EB2 India it is important to know number of ported cases. EB3ROW folks also need to worry now. Their journey may not be that smooth due to spillover rules and high demand. We need to get data via FOIA to make a better guesstimate. Without such data we will hear various theories, predictions and interpretations from various websites and blogs that may not be always true.

    As I remember our FOIA can take as long as 2 years to get processes. Now that they have preadjusted almost all cases ( Means they have all required information on hand for all pending EB based AOS , can IV push USCIS to work on our FOIA ? ) FOIA result can help us lot to convince lawmakers when CIR time will in sep - oct.



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