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  • PD073102VA
    03-19 11:42 AM
    Here is what Attorney Mathew Oh thinks about provisions for STEM.

    Section 406. Visas for Individuals with Advanced Degrees: Section 406 exempts from the numerical cap on employment-based visas aliens with advanced degrees in science, technology, engineering, or math, and has worked in a related field in the U.S. during the 3 year period preceding their application for adjustment of status.

    [Matthew Oh Comment: This benefit appears to apply not only to the U.S. earned advanced degree holders but also to those advanced degree holders who earned the degrees in the foreign countries as well.]

    It also exempts immediate relatives of aliens who are admitted as employment-based immigrants from the numerical limitations of 203(b).

    [Matthew Oh Comment: Exemption from the numerical limitation of spouses and children of EB immigrants and exemption from the numberical limitation of advanced degree holders in science, technology, engineering and mathematics with 3-year employment in the U.S. would practically make a substantially large addtitional numbers available to the total EB immigration numbers beyond the total cap of 290,000.]

    Finally, it increases the available visas numbers for H-1B nonimmigrants and provides an exemption from the numerical limitation aliens who have earned advanced degrees in science, technology, engineering, or math.

    [Matthew Oh Comment: Currently those advanced degree holders who are benefitted from the different H-1B annual cap are limited to the U.S. earned advanced degree holders. Besides, they are still subject to a cap, albeit separate, of 20,000 annually. This provision appears to make totally H-1Bcap-exempt for those advanced degree holders in science, technology, engineering, or mathematics.]

    The H-1B numerical limitation is also supplemented with a flexible limitation that is set according to demand for foreign high-skilled workers.




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  • saimrathi
    07-03 05:09 PM
    I second that motion..



    I don't know what you are confused about. Ther is nothing confusing about it at all. Maybe you're just a plain dumbass.




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  • newxyz100
    07-20 12:57 PM
    Hi,

    How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?

    Q: Can an employer cancel H-1B visa without employee�s knowledge/consent?
    A: Yes and remember it is illegal to travel on a cancelled visa.

    Q: If an employer can cancel my visa without my knowledge, how do I know that my visa is still valid?
    A: Unfortunately, the only reliable source for that information is INS and your employer. There is really no other way to find out. You could try INS although they may not help you as you are an employee.




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  • krishnam70
    04-10 03:17 PM
    Either u r heavily drunk or u r arguing for the heck of it. Whoz paying for whose free lunch? What proof can u or any of the core IVs show bout July 2nd reversed bulletin? There r hundreds of thousands of ppl who believe that AILA's planned lawsuit was the cause for USCIS' reversal. Agreed! IV's flower campaign made news but action? I doubt it. IV core needs to be transparent and needs to enlighten us with what IV did so as to make USCIS reverse the bulletin if they claim to have done something. If ppl were convinced of IV's actions, there wud have been a flurry of donations so far.

    The frog has lived generation by generation in that small pond. But it did not drink the pond. The pond has not dried up, nor has it become unbearable for the frog to migrate or look for fresh water sources elsewhere. U r like one of those frogs who thinx the pond is the entire world :D. What an idiot!!!

    You are at liberty to think what you do. If you do not like IV just stop visiting here and take your stuff somewhere else. You do not get on to a public forum and accuse people working selflessly that they are jerks.. get the hell of this forum if you dont like it. Normally I am not this rude but this is on purpose

    - cheers
    kris



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  • sanju
    03-05 03:58 PM
    Ya, I am thinking of starting an outsourcing company which could take this stupid easy work from USCIS and outsource all that work to Thailand. Then I will sponsor work visa for all these bumps at USCIS to work in the outsourced site. Soon you will see me in the court of loo doggs answering his question "how in the world did you outsource all these 'american' jobs"? And my answer would be 'because these guys were all genius and were expert at eastimating the cost of running a query. So we hired bunch of them to represent the company with USCIS."

    .

    I think I know how this works. They would outsource this program to some govt contractor (or ask the govt contractor who is working on their data ) to produce that report which costs (<10$ worth of time/effort, if they have all the data).

    If all they want is money ..so be it. I am ready to pony up $50 for this,if we all approach together. But as someone suggested country of chargability is a must.




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  • kshitijnt
    04-17 01:08 AM
    Guys I need to tell you my story:

    Last year HP acquired my company called Knightsbridge. Fragomen is HPs law firm. Everything was going well until we had this monster called fragomen deal with us. My I-140 was approved way back in 2006 and was waiting for a Jun-2005 PD to be current. In July 07, when VB was released, Fragomen suddenly found a problem with labor certifications of around 100 people. They had access to labors from Dec-06. Only they know what they were doing between Dec-06 and Jul-07. In june 07, the PD had moved a bit forward to 2004. That time Fragomen contacted a few employees to file 485. As soon as Julu-07 bulletin came out they suddenly changed their tune. The word "travel required for job" was missing from the labor. Fragomen advised HP not to go ahead with 485. All our arguments were falling on deaf ears. All independent attorney opinions were disregarded and HP decided to take fragomens advise and not to file 485 but to restart labor.

    After my new labor got approved, I asked fragomen to apply for consular processing in my case. They tried to escalate it to various levels in HP and pressurise me to file I485. Finally I told my boss, I want consular and also picked up a fight with HP employee not to interfere in my GC process. Because this employee always sings the tune of fragomen. After this, they have not shown any interest in filing my I-140.

    After restarting labor Fragomens service is generally upto the mark, however; they are rude and uncompromising, in that they will not share a copy of labor certification or I-140 with employee. To some of my coworkers they will not even bother to respond to him for his 7th year H1 extension despite numerious queries. One of my friends also got better than expected service in that they filed his 485 just 2 days before his PD was moving from current to retrogressed. That is the only one case I have seen with positive outcome in my company. Some employees from my company suddenly went into silent mode after July-07. I suspect, they were given under the table deals to go ahead with old labor. However I can not prove that.

    After seeing all this behaviour, I have come to conclusion that Fragomen will give you good service if they see good potential revenue from you in future. Like EADs , APs etc, multiple H1 extensions etc. I think they are very money minded company and feel that they proactively advise employers to go slow on immigration and they also advise employers on how slow immigration could benefit the employer in the long run. They are completely unethical in my personal opinion. When they were describing the situation to our managers in Jul07, they were very insensitive and were showing as if nothing else had happened.
    No one was held responsible for this fiasco and all good hard working people were left to suffer. Due to this I have come to despise fragomen and I also despise some big employers who use them. Here is the list:

    HP, Cisco, TCS, Deloitte, IBM, ...... add yours to the list.



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  • rajeshalex
    09-12 10:35 PM
    Wait for the denial notice and be prepared to file MTR. Once u file MTR USCIS should accept the 485 and will processed in the normal way

    Rajesh




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  • sirinme
    05-01 04:44 PM
    Here's my $100 contribution via PayPal. Receipt ID: 0YA34536HS662352K.



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  • rp0lol
    04-28 12:57 PM
    Receipt ID: 4KS023989J641422B




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  • IAF
    05-19 08:41 AM
    Followin is response got from my senator:


    Saxby Chambliss <saxby_chambliss@chambliss.senate.gov>Add to Contacts

    --------------------------------------------------------------------------------



    Dear Mr. :



    Thank you for contacting me regarding our nation's immigration policies. I appreciate hearing from you.



    Immigration is the most contentious issue that I have worked on during my tenure in Congress. It is imperative that we first secure our borders and enforce our existing immigration laws before we attempt to implement comprehensive immigration reform. According to the Department of Homeland Security (DHS), just over 600 miles of border fence has been constructed along the Southwest border to date. In more remote areas, DHS is using tower-based integrated cameras and sensors, ground-based radar, mobile surveillance systems, and an unmanned aerial system. These initiatives are in addition to border patrol agents who are actively patrolling the areas.



    I have consistently supported providing the Department of Homeland Security with the necessary tools they need to protect our country from those who seek to cross our borders illegally. For instance, in July 2009, I supported an amendment requiring the completion of 700 miles of double-layer physical fencing along the U.S.-Mexico border by December 31, 2010. This amendment follows through on the three-year-old promise made by Congress and the Department of Homeland Security to secure the border under previously passed legislation.

    We must also address the illegal immigrants that are currently in our country. I will not support any proposal that provides amnesty or a path to citizenship for those that are currently here illegally. Additionally, I will continue to support programs like E-verify that provide employers with tools to verify whether or not current and prospective employees are legally allowed to work in the U.S. Since its inception in 1996, the E-Verify program has provided employers with a process to verify the work eligibility of new hires. E-Verify is free and more than 87,000 employers are enrolled in the program. According to U.S. Citizenship and Immigration Services, more than 1,000 employers voluntarily sign up to use E-Verify each week.

    On July 8, 2009, the Senate passed H.R. 2892, the "Department of Homeland Security Appropriations Act, 2010." Included in this bill was an amendment, offered by Senator Sessions, which removed the sunset date on the E-Verify program, and requires federal contractors to participate in the E-Verify program. With my support, the Senate passed this amendment by voice vote. This program began September 8, 2009, and requires federal contractors to use the E-Verify system to check the immigration and citizenship status of new hire and those assigned to new federal contracts.

    Immigration reform is one of the most important domestic issues facing our nation today. The President and Congress must work together to secure the border first. Once this is done, we can work to resolve the collateral issues. I believe we can get there, but we are not there yet.

    If you would like to receive timely email alerts regarding the latest congressional actions and my weekly e-newsletter, please sign up via my web site at: www.chambliss.senate.gov . Please let me know whenever I may be of assistance.



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  • bharat2008
    08-09 09:49 AM
    Hi all,
    This discussion is very valuble for people like me deciding between living in Canada as PR vs H1B USA .We all know that salaries in USA are slightly better than Canada .But now the exchange rate is almost equal.

    Salary:
    Can a person with family(2 kids) survive in Canada with CAD 50,000 / year salary in a place like Toronto.? I heard in Canada you pay 13 % tax on anything you buy .Does 50 % of your income goes in taxes ?

    HealthCare:
    Also is the government sponsored health care good compared to USA .I mean do you have any wait to see specialists.Is healthcare comparable to USA .

    Immigration:
    In USA anyone can get a Greencard regardless of their qualifications and it depends how early you enter the GC queue.But looks like in Canada they value your educations and other qualifications.Can IT professionals (non-managers) apply for Canada PR without a job or canadian education?

    Canadian Citizenship:
    Many people want to get Canadian citizenship and return to USA with TN Visa .In future ,could USA put restrictions on this .?

    Please share your thoughts .


    Thankyou




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  • needhelp!
    01-06 12:27 PM
    Last update from IV Core about administrative fixes talked about EAD duration being extended to 2 years, but never saw anything about 2 year AP decision (It would have been good though).

    I must have missed it, but wondering if there was any USCIS announcement/FAQ out there for the 2 year duration decision?



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  • needhelp!
    02-08 04:15 PM
    We need about 20 volunteers from the strong state chapters like CA, Tristate, TX.... maybe 10 in the rest of the state chapters.

    If each volunteer can set a target and collect 200 letters each, we can easily meet the target.

    Is that too much to ask for?




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  • trueguy
    07-18 04:26 PM
    Any expert advice on it?

    Hi,

    Can I apply for ITIN for my wife when she is not physically in USA and she never been here?

    Thanks for your replies.

    Rgds.



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  • prince_charming
    09-12 11:50 PM
    Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.

    My ex employer revoked 140. At this point of time I did a lot of research and found out the following things

    (1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
    AC21 is a law that allows you to change jobs but there is no system in place.

    (2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.

    In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.

    Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.

    MTR approvals can take 3 to 5 weeks or more too.

    if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.

    These are hidden risks in AC21 but good news is that AC21 cases have always been successful.

    You may have to go through this period of uncertainity.

    Good luck.

    I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.

    For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.




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  • miapplicant
    10-10 09:20 AM
    My spouse & I can make it to Troy.



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  • BharatPremi
    12-10 03:20 PM
    I fully agree.
    They may have some material education.
    But Indian guys working here are third class fellows.
    Arrogant, low tendencies, flase values etc.
    They don't even mix with other Indians and think they are in Heaven or some thing.Don't worry if they loose their GCc.
    These guys are unworthy of gettings GCs.
    Best Regards

    We are here talking about results of passiveness and highly critical need of activeness from members. And we have members from all countries. If you can contribute your ideas within the main theme of this thread than please do so otherwise stop this unnecessary ranting.It does not serve any purpose.




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  • BlueSkyPro
    07-23 09:24 AM
    called - but can not vote.




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  • anilsal
    03-04 10:32 PM
    Overall - $5000.

    Advance - $2500 within 30 days to start the work.

    Is the overall work something like 100K that they have divided by the number of requests to yield 5K per request? Unlikely. I think they just sent standard 5K demand to each FOIA request to shut it down.




    Totoro
    05-21 01:33 PM
    That is really great NEWS. at least, some are benefiting from the left outs. How did that happen so quickly. What are the hurdles in getting it for legal immigrants (for example, H4 dependents)?

    It happened because of relentless canvasing of the media until the story got out and embarrassed the government. "Supporting the troops" is a no-brainer for a politician wanting to score political points. Most Americans could care less about immigrants or other citizens who are married to them. So there is no political urgency to solve that "problem." Although the media has reported that the exclusion of legal immigrants was "unintended," my sources say that the exclusion was intentional.

    I had hoped to embarrass the government further by exposing the connection to a known "hate group," but the media has refused to report that part of the story. If I could get the media to expose the racist origins of this law, we might have some hope, but don't count on it.

    The next phase is to focus on legal options.




    vdlrao
    07-14 11:13 AM
    So far there have been around 100k approvals in EB3 category out of about 170k (unused family visas made available to emploment based category) approvals in employment based category. Out of that EB2 approvals are around 50k only. Now the scenario would be like 100k approvals in EB2 and out of that 50k would be exclusively for EB2 India, leaving very little share to china. Now you could presume how fast EB2 runs.



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