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  • The rally was great, but disappointed on three fronts,

    1) Very few turned up from DC,MD,VA.

    2) The congress men thinks that we are illegal immigrants, as he is constantly mentioned illegal Irish immigrants.

    3) Robert mentioned that as if its an India-China immigration forum, I think thats going to do more bad for us then good. I think everybody agrees that there is lot of bad news about India and China, and Americans loosing jobs due to off shoring. Apart from that we have persons in same boat from other countries too, though I was surprised to see them.

    As mentioned by others we need to change the org name to legalimmigrationvoice.org immidiately.

    Thanks

    Nrupendra





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  • http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html





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  • Yes as long as you have an approved I-140 you can continue to extend H1B beyond 6 years.
    The issue is not the extensions, but changing the job when you are on one of these extensions. This issue has been raised numerous times in the forums but so far things are still very murky, esp pertaining to the following:

    1. What happens to your H1B status after you change your job, and then your previous employer revokes your I-140. ( To subsitute labor for someone else or simply as a matter of corporate proceudre)

    2. Is your H1B status depend on the I-140 on which the extension is granted ?

    So far these questions aren't answered clearly by lawyers or USCIS or folks in these forums. I hope it gets clarfied soon, becasue implications of the above cases could be as far reaching as being "out of status".


    What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.





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  • Well said! I came back first week of Feb 09 and no issues. Just usual jibber-jabber.

    Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
    ......





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  • Guys,
    We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.

    We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".

    HELP IV HELP YOU.

    We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.

    Come on guys, you can do better than this. Donors, members, guests - we are all in this together!

    VA/MD/DC members, please come forward to host members from out of town. Help them to reduce costs!

    Members who have accumulated airmiles, please come forward to donate them.

    Members living in neighboring states to DC (or at least at a driving distance) find friends/members to car pool with you to the event.

    Members who have unavoidable situations at work or home and cannot participate, help fellow members to bear the costs, please donate to their trip. They are willing to take the time off, and will be representing you and your state. Why not help them?

    If you decide that you will support this effort, you will find a way to help. Anything else is just an excuse! Sorry, to say this, but that is just a fact!

    Anu - I seriously think that, if IV is not getting at least 5% members interested in stuff there is no point in beating the dead horses. Looks like most people are interested only in the discussion forums and nothing else.
    Very few people are motivated and I feel bad that people who want to bring change for the good are not getting enough support.
    In my opinion, IV must help people who sincerely and genuinely want to help themselves and not waste time doing social service to a selfish section of the crowd. I suggest that IV become a profit organization and let people keep ranting and discussing their stuff if they are willing to pay for the services and fun. IV does not have to spend time and money and effort and stress out trying to ask selfish people to help themselves.





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  • Thanks, a great place for tutorials on maya is http://www.learning-maya.com





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  • I see that USCIS release a press release on 7/20 and it says the time complaince for Nebraska Center is 8/1. Does it mean that July 2nd filers will get receipt by 8/1 ( i know i'm expecting too much from USCIS)... When can we expect the receipt notices.. I guess i'm a bit nervous now..





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  • You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults

    Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.





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  • I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
    This is email that I sent..........

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

    Hi Roy,

    I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.

    The fax content is as follows

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.

    Sincerely, [Your Name Will Appear Here]

    My view on the above points.

    1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
    2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
    3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
    4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".

    Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.

    I certainly welcome yours and NumbersUSA perspective on this email.

    Both of us strive to make America more strong and competitive.

    Thanks,
    Satish

    "It is the theory that decides what we can observe."
    Albert Einstein





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  • From what I've read, the country caps were originally intended to soothe fears of uncontrolled immigration from the 3rd world. Similarly, the diversity lottery was supposed to increase immigration from Europe.

    Both schemes are essentially restrictionist ploys to maintain a white America.





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  • 141,020 visa numbers used in FY2009
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.



    __________________
    Not a legal advice.

    Hello Desi,

    "Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

    Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

    Allocation of visa numbers under Section 202(e) is accomplished as follows:

    1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
    2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)

    If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.


    This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....

    I am little confused...

    your comment will be greatly appreciated ;)





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  • Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
    If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.

    Exactly,Even I think so...If they did not want to accept they would have done at the door step.So I think better we can wait and see for another week if any cases are like that.My lawyer mentioned she hasnt got any rejections until now.She has been sending continuous applications even a week before during this problem.She mentioned last week that she is still sending applications in and has Fed ex delivery confirmations for all the applications.





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  • I am also interested in online MBA, please share if you get any more information on Aspen.

    anyone who has done MBA from USD, please provide your inputs.

    Thanks

    I just found that Aspen University is offering online MBA at $3600 (end to end) + books.
    The univ is accredited by DTE but not sure about its market value.

    I am thinking about low cost MBA and the options (apart from newly discovered super low cost Aspen) are --
    University of South Dakota (USD) (18 K)
    &
    University of Massachusetts (UMass) (30 K)

    Does any one know if USD has a decent market value ?





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  • I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.

    That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .

    I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.

    The actual backlog at beginning of 2010 is 200K (pending I-485) + all EB2 I/C and EB3 waiting to file I-485 from 2007-2010. The no of folks in EB2I/C and EB3 ROW from 2007-2010 will be about 80-100K. So instead of 2-3 years , overflow will start reaching EB3 in ~ 5 years.





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  • Yes, if all this is true, then going the lawsuit way is not the right step. They should now use this to force USCIS make some changes. One of them would allowing to file I-485 right after I-140 approval irrespective of whatever the PD is. When PDs become current the processing will start. This change will give releif to a lot of victims and future filers.





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  • Mnay July 07 filers have reported LUDs and RFE on their 485 this past year when their priority dates were not current. This means all the files that were received in or before July 27th 2007 at NSC have already been reviewed.

    I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
    However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.





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  • We got approval email for myself + spouse and daughter today. I had waited for this since 2002. :)
    Your Case Status: Card/ Document Production

    On September 23, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


    This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

    If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.

    Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?





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  • Good to see some progress on Eb3. Something is moving atleast. I am pleased.





    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.

    I am not sure what you are trying to achive here by trying to prove your legality. Normally the USCIS wont come after you immidiately. But once you are not able to provide what they ask, they might deny your I-485 and ICE will be at your door step. So try to fix the problem before its too late rather than wasting your time here.





    If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?

    The H1 approval will have the validity dates that begin on Oct 1 2007, which means that she cannot work before that.



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