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rbharol
10-25 04:24 PM
Can somebody ask these people (who are opposing immigration), how many of them are kids, grandkids or grand-grand kids of immigrants themselves?
Will they conduct a poll on it?
Will they conduct a poll on it?
wallpaper my wife and kids claire
arunkotte
07-02 09:26 AM
Arrival at Unit, July 02, 2007, 1:58 am, LINCOLN, NE 68508
Enroute, July 01, 2007, 8:46 pm, OMAHA, NE 68108
Enroute, June 30, 2007, 4:35 pm, MEMPHIS, TN 38101
Acceptance, June 30, 2007, 10:56 am, GERMANTOWN, TN 38138
Enroute, July 01, 2007, 8:46 pm, OMAHA, NE 68108
Enroute, June 30, 2007, 4:35 pm, MEMPHIS, TN 38101
Acceptance, June 30, 2007, 10:56 am, GERMANTOWN, TN 38138
lost_in_migration
05-01 04:36 PM
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
PART 2 [CONTD.]
(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .
(C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .
(4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .
(5) Employment creation. -
(A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--
(i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
(i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required. -
(i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).
(D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
(6) Special rules for "k" special immigrants. -
(A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).
(B) Counted against numerical limitations in following year.-
(i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .
(ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
PART 2 [CONTD.]
(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .
(C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .
(4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .
(5) Employment creation. -
(A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--
(i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
(i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required. -
(i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).
(D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
(6) Special rules for "k" special immigrants. -
(A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).
(B) Counted against numerical limitations in following year.-
(i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .
(ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]
2011 My Wife And Kids Katie
sparklinks
08-26 06:59 PM
RD for my EAD is 6/18 - LUD on 6/25 - Status Pending
Same as mine, RD 6/18 - LUD on 6/25 ....can you please post me if you have any updates.
Same as mine, RD 6/18 - LUD on 6/25 ....can you please post me if you have any updates.
more...
pdakwala
11-21 05:54 PM
Please check your PM. Contact me at pdakwala@yahoo.com
bskrishna
12-07 02:40 PM
Is it going to hurt if we wait for some more time.It is not that we are missing getting our green cards and our priority dates are current. I have also got my case transferred from NSC-->CSC--> TSC. I agree that stuttling the paper work around the country is an extremely inefficient way to conduct business, but that is what CIS is. I got my transfer notice on the October 5th. I guess they will need more time to get my paper work and schedule an FP appointment.
more...
vbkris77
05-04 08:09 PM
OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
2010 Since My Wife and Kids,
babyblue
06-15 10:08 AM
We posted our 485 application to Texas service center on May 31st and on 6th June they mailed us the receipt number for me and my wife.
Checks were also cashed on 6th June.
Checks were also cashed on 6th June.
more...
gene77
02-04 11:52 PM
I landed in June 2006 in Toronto. If anybody needs information please feel free to ask.
What documents, applications need to be filled out after we land in Canada; in-terms of applying for the Resident Card, Social Insurance Number etc. I don't even know what else needs to be filled out.
Can we fill these applications on-line or must be fill them out only after we have landed physically in Canada?
After landing, how long before we can come back to the USA for resuming our job?
Thanks Lasantha.
What documents, applications need to be filled out after we land in Canada; in-terms of applying for the Resident Card, Social Insurance Number etc. I don't even know what else needs to be filled out.
Can we fill these applications on-line or must be fill them out only after we have landed physically in Canada?
After landing, how long before we can come back to the USA for resuming our job?
Thanks Lasantha.
hair my wife and kids (Katie)
h1techSlave
06-29 10:43 AM
The answer to your question is: Nothing. They may be waiting, because of many reasons like, they are scared, do not care, there are other opportunities, tired of this immigration crap, lack of enough knowledge regarding their rights.
Now, I do not think the onus correcting such mistakes is 100% on the EAD folks' shoulders. I remember reading how slavery ended in this country. Slavery died, not because the black people fought for the abolition of slavery; slavery ended when the white man realized that slavery is wrong.
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
My question is -
what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?
If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.
And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?
__________________
Not a legal advice.
Now, I do not think the onus correcting such mistakes is 100% on the EAD folks' shoulders. I remember reading how slavery ended in this country. Slavery died, not because the black people fought for the abolition of slavery; slavery ended when the white man realized that slavery is wrong.
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
My question is -
what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?
If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.
And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?
__________________
Not a legal advice.
more...
snathan
02-11 03:03 PM
^^^^^^^^^^^^
hot her as my wife Has she no idea
logiclife
03-08 10:46 AM
Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.
Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.
As to how to deal with this...try this.
Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.
Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.
Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.
Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..
Yesterday, nearly 2000 Irish illegals went to capitol hill and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.
However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.
After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.
So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.
After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.
Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.
As to how to deal with this...try this.
Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.
Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.
Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.
Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..
Yesterday, nearly 2000 Irish illegals went to capitol hill and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.
However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.
After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.
So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.
more...
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sripk
09-10 04:52 AM
I had a chance to file in EB2 with master's degree but my attorney screwed it up and filed in EB3 category instead and now i can't even port to EB2 as my company is no longer supporting new PERM applications due to bad economy. I am usually optimistic but with the current economic conditions and bleak chances of any immigration fix, I feel we are fighting a losing battle. God help us all in EB3 category.
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amitjoey
07-09 04:50 PM
Excellent idea Naveen! I hope you don't mind but I have improved the English slightly :) and will create links on those Wiki pages to IV and the articles that you have mentioned.
go for it!!. hope Naveen wont mind.
go for it!!. hope Naveen wont mind.
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chapper
08-13 04:38 PM
Congrats! Can you please tell us where your I140 was approved from. Are the checks cashed?
Rcvd Receipt Notice from my Attorney.
Filed: July 2nd
PD: Jan 2006
I-140 Apporved: Nov 2006
Receipt Date: 8/10/2007 (Received 8/13 Today)
Rcvd Receipt Notice from my Attorney.
Filed: July 2nd
PD: Jan 2006
I-140 Apporved: Nov 2006
Receipt Date: 8/10/2007 (Received 8/13 Today)
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vkrishn
08-20 03:17 PM
You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I asked the same question at Infopass (San jose) and with 2nd level Rep (NCSC). Did not get a clear answer. I guess it all depends on Infopass location.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I asked the same question at Infopass (San jose) and with 2nd level Rep (NCSC). Did not get a clear answer. I guess it all depends on Infopass location.
more...
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gujju
08-20 09:20 PM
No receipt/checks cashed. Called USCIS Friday and today , got the same crappy 90 days wait response :mad:
Are we heading into another fiasco ?????? :confused:
PD:Dec 05
1140: TSC June 06
I485/I765/I131 sent to NSC
MBawa ,
When did u mail your application .I have also not received my receipt for application filed on 18th June
Are we heading into another fiasco ?????? :confused:
PD:Dec 05
1140: TSC June 06
I485/I765/I131 sent to NSC
MBawa ,
When did u mail your application .I have also not received my receipt for application filed on 18th June
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bang
11-18 01:10 AM
Done !
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surabhi
04-23 05:18 PM
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
amitjoey
07-09 06:56 PM
mcuban@hd.net,
wnelson@hd.net,
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com,
AmericasNewsroom@foxnews.com,
satya.prakash@hindustantimes.com,
pmagazine@hindustantimes.com,
aditya.ghosh@hindustantimes.com,
Fatherjonathan@foxnews.com,
Drmanny@foxnews.com,
Beltway@foxnews.com,
Myword@foxnews.com,
Bigstory-weekend@foxnews.com,
Bigstoryweekend@foxnews.com,
Bullsandbears@foxnews.com,
Cash@foxnews.com,
Cavuto@foxnews.com,
Fncimag@foxnews.com,
Forbes@foxnews.com,
Friends@foxnews.com,
Feedback@foxnews.com,
Jamie@foxnews.com,
Fncspecials@foxnews.com,
FNS@foxnews.com,
Newswatch@foxnews.com,
Foxreport@foxnews.com,
Atlarge@foxnews.com,
Heartland@foxnews.com,
JER@foxnews.com,
Lineup@foxnews.com,
Ontherecord@foxnews.com,
Oreilly@foxnews.com,
Redeye@foxnews.com,
Special@foxnews.com,
Studiob@foxnews.com,
Hemmer@foxnews.com,
Colonelscorner@foxnews.com,
Housecall@foxnews.com,
Hannity@foxnews.com,
Colmes@foxnews.com,
Letters@newsweek.com,
Customer.Care@newsweek.com,
viewerservices@msnbc.com,
today@nbc.com,
wt@nbc.com,
mtp@nbc.com,
abc.news.magazines@abc.com,
letters@msnbc.com
I am emailing these addresses right now, please help, any volunters. Need a lot of you to email.
wnelson@hd.net,
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com,
AmericasNewsroom@foxnews.com,
satya.prakash@hindustantimes.com,
pmagazine@hindustantimes.com,
aditya.ghosh@hindustantimes.com,
Fatherjonathan@foxnews.com,
Drmanny@foxnews.com,
Beltway@foxnews.com,
Myword@foxnews.com,
Bigstory-weekend@foxnews.com,
Bigstoryweekend@foxnews.com,
Bullsandbears@foxnews.com,
Cash@foxnews.com,
Cavuto@foxnews.com,
Fncimag@foxnews.com,
Forbes@foxnews.com,
Friends@foxnews.com,
Feedback@foxnews.com,
Jamie@foxnews.com,
Fncspecials@foxnews.com,
FNS@foxnews.com,
Newswatch@foxnews.com,
Foxreport@foxnews.com,
Atlarge@foxnews.com,
Heartland@foxnews.com,
JER@foxnews.com,
Lineup@foxnews.com,
Ontherecord@foxnews.com,
Oreilly@foxnews.com,
Redeye@foxnews.com,
Special@foxnews.com,
Studiob@foxnews.com,
Hemmer@foxnews.com,
Colonelscorner@foxnews.com,
Housecall@foxnews.com,
Hannity@foxnews.com,
Colmes@foxnews.com,
Letters@newsweek.com,
Customer.Care@newsweek.com,
viewerservices@msnbc.com,
today@nbc.com,
wt@nbc.com,
mtp@nbc.com,
abc.news.magazines@abc.com,
letters@msnbc.com
I am emailing these addresses right now, please help, any volunters. Need a lot of you to email.
rmdsouza
06-23 10:49 AM
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC
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