Tuesday, June 21, 2011

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  • vjkypally
    07-18 04:55 PM
    If I have a 3 yr extension after my 7th year, and I use my EAD now, if it gets rejected can I use my H1?????????

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  • qualified_trash
    10-20 09:01 PM
    Will do if I am there (and that is a very strong possibility!). I will print out IV brochures.

    [Being from the northwest, never cooked dosa (or for that matter anything :) ), but the dosa is a dish I can drive miles to eat :)]
    you may want to contact pappu (IV core member) and see if you can get a list of IV members in the DC area to sort of go to this event and spread the word, maybe even try to raise funds WITH THE PRIOR CONSENT of the event organizers.

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  • Winner
    04-22 02:10 PM
    none of you are already dead. So please dont be depressed.
    If you have hard time finding things to do till green card, I got ideas. In bay areas there are some bike events coming up. You can get a IV jersey and participate.
    You will get some publicity for IV!

    Just curious�
    Are you planning on attending this event with you IV t-shirt?

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  • gc_mania_03
    06-19 08:58 AM

    May be the answer to this question could have been researched before being posted. But, if definetly need not be a stupid question. With all the different kinds of restrictions being posed on air travel, one could be concerned of leaving the continental US to its other areas.

    So, please dont be so arrogant.


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  • bigboy007
    06-17 04:28 AM
    i know its sucks, but i dont understand why they have to do this , Nuts of guys working there who ever reporting this. Premium is better let 1000$ go but get the work done. But for TSC as of now not needed as max they cleared cases with in 6 months.

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  • gc750
    01-01 04:25 PM
    As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is getting delayed due to additional admin processing.

    One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?

    Has anyone gone through this approach and tried getting the stamping after the consulate has requested to send the Passport back.

    Anyone please share your experience


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  • sw33t
    03-19 02:57 PM
    While I do applaud the initiative, calling a congresswoman/congressman's office on this topic is pointless. Lofgren's office is well aware of High Skilled Immigration related issues including wastage of visa numbers.

    Organizing a campaign like this, especially with your reasoning that there is nothing wrong in calling your district representative's office, should be done on one's own behest since this is not an official IV campaign. Please join your State Chapter and forward such requests via your chapter leader if you wish to get it endorsed by IV.

    Calling someone's office without any valid talking points or suggestions will only annoy the good office and bring a bad reputation to IV in the event people decide to use IV's name.


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  • arnab221
    04-16 03:17 PM
    Bills Introduced in House and Senate to Facilitate Access to Highly-Skilled Workers

    Recently, two senators and a member of the House of Representatives each introduced a bill that would enhance U.S. employers' ability to recruit and retain talent from around the world. Specifically, the legislative proposals would increase the numerical limit for H-1B visas and/or employment-based immigrant visas.

    SKIL Act
    On April 10, 2007, Senator John Cornyn of Texas, the ranking Republican on the Senate Immigration Subcommittee, re-introduced the Securing Knowledge, Innovation, and Leadership Act of 2007 (SKIL Act). If enacted, the SKIL Act would bring much needed relief to the nonimmigrant and immigrant visa shortage, the effects of which American businesses are currently experiencing. Senator Cornyn and Representative John Shadegg (R-AZ) introduced a nearly identical bill last year by the same name in the Senate and House of Representatives, respectively. Prior to introducing SKIL Act last year, Senator Cornyn and Representative Shadegg worked closely with the immigrant and business communities, including the American Council on International Personnel and the Compete America Coalition, to identify and remove the obstacles U.S. employers face in recruiting and retaining the most qualified workers.

    The Senate-passed comprehensive immigration reform bill last year also included the SKIL Act as an amendment. However, because the House and Senate did not meet in conference to reach consensus on immigration legislation, the Senate-passed bill did not become law.

    The SKIL bill would make the following changes to current law:

    H-1B Visa Cap Increases and Exemptions

    � Increase the annual H-1B numerical limit to 115,000 from the current 65,000. If the H-1B cap is reached in a given fiscal year, the numerical limitation for the following fiscal year would be increased by 20%.

    � Completely exempt from the H-1B cap those foreign nationals who have earned a master's or higher degree from a U.S. institution of higher learning, as well as those who have been awarded "medical specialty certification based on post-doctoral training and experience in the United States." The bill also would dedicate the annual pool of 20,000 advanced degree H-1B numbers to foreign nationals holding a master's or higher degree from a foreign institution; current law dedicates the advanced-degree pool to foreign nationals holding advanced degrees from U.S. institutions.

    Employment-Based Immigrant Visa Quota Increases and Exemptions

    � Increase the annual limit on employment-based immigrant visas from 140,000 to 290,000, and would allow the recapture of unused visas from Fiscal Years 2001 to 2005.

    � Exempt from the numerical quota persons who: hold a master's or higher degree awarded by an accredited U.S. university; were awarded "medical specialty certification based on post-doctoral training and experience in the United States"; hold a master's or higher degree in a science, technology, engineering or mathematics (STEM) field from any country and who have worked in the U.S. for at least three years in a related field; are deemed to be aliens with extraordinary ability or outstanding professors or researchers, or are eligible for national interest waivers as defined in immigration law; are employed in an occupation that the Labor Department deems to be lacking in sufficient "able, willing, qualified and available" U.S. workers; or are spouses and minor children of the principal applicants.

    � For purposes of labor certification, apply the "equally qualified" standard to those who received a master's or higher degree from a U.S. institution, or who were awarded "medical specialty certification based on post-doctoral training and experience in the United States." Under current law, employers are generally required to consider all minimally qualified U.S. workers for a position even if they are less qualified than the foreign national for whom the employer is seeking certification. Under the "equally qualified" standard, only job applicants who are equally or better qualified than the foreign national listed on the labor certification would need to be considered.

    Relaxed Restrictions on Recruitment of U.S.-Educated Talent

    � Extend optional practical training from 12 to 24 months.

    � Restructure the F student visa category, limiting the F-1 subcategory to students studying in a STEM field at institutions of higher learning and creating new F subcategories for other types of students. The bill would also remove the bar on immigrant intent for students in the restructured F-1 category.

    Streamlined Visa and Labor Certification Process

    � Allow L-visa holders to extend the visa beyond the period of authorized stay if there is a pending adjustment application, similar to the current provisions relating to post-sixth year H-1B extensions.

    � Allow employment-based first, second and third preference foreign nationals to apply for adjustment of status despite the fact that no immigrant visa is immediately available, upon payment of a $500 fee. Note that the application for adjustment would not be approved until an immigrant visa became available.

    � Permit domestic visa revalidation of E, H, I, L, O and P nonimmigrant visas, meaning that foreign nationals working in the U.S. in these categories would not need to leave the country to renew their visas.

    � Require the Labor Department to process in 180 days of enactment all backlogged applications filed prior to the implementation of the PERM system.

    � Require the Labor Department to respond to prevailing wage determination requests (rather than State Workforce Agencies), within 20 days from the date on which the request was received.

    � Require the Labor Department to establish a process to make technical corrections to labor certifications without requiring employers to refile and possibly conduct additional recruitment.

    � Require DHS to establish, within 180 days of enactment, a pre-certification process for employers who file multiple visa petitions.

    � Allow for the premium processing of employment-based immigrant visa petitions and for administrative appeals of decisions regarding employment-based immigrant visa petitions, upon payment of an additional fee.

    High-Tech Worker Relief Act
    On April 11, 2007, Senator Chuck Hagel, Republican from Nebraska, introduced the High-Tech Worker Relief Act, which is aimed at providing short term relief for U.S. employers who cannot recruit or retain needed talent to stay competitive because of the current visa shortage. If enacted, Senator Hagel's bill would:

    � Raise the H-1B cap for fiscal year 2007 from 65,000 to 115,000, and for fiscal year 2008 from 65,000 to 195,000, allowing the quota to revert to 65,000 by fiscal year 2009 if no further legislation passes.
    � Exempt foreign students who earn masters degrees or above in the United States from the H-1B visa numerical limit.

    � Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas, in addition to those who are deemed to have extraordinary ability, are outstanding professors and researchers, and whose presence is determined to be in the national interest of the United States.
    � Exempt spouses and minor children of the principal applicant from employment-based immigrant visa quotas.

    � Exempt foreign physicians from the immigrant visa quota if they agree to work full time for five years in an area with a shortage of health care professionals, or if they work for five years in a Department of Veterans Affairs health care facility.

    Scholarship Donation for H-1B
    Representative David Wu, Democrat from Oregon, introduced a bill on March 27, 2007 that would create an additional 65,000 H-1B visas for each fiscal year from 2008 through 2012. The beneficiary must possess a master's or higher degree, and only employers who donate to an institution of higher education in the United States the maximum amount authorized under the Pell Grant may petition for the additional visas.

    Conclusion and Legislative Prospects

    Generally, the expectation in Congress is that any immigration legislation will move as part of a comprehensive immigration bill. However, given the recent, unprecedented exhaustion of the entire H-1B quota for fiscal year 2008 on April 2, 2007, there has been some discussion about possible short term and limited relief, such as Senator Hagel's bill. Such short term relief would resolve the difficulty many U.S. employers face in retaining a viable workforce, but would not obviate the need for truly comprehensive reform.

    Legislative action regarding comprehensive reform is expected to commence shortly. The President spoke several times in favor of comprehensive reform over the past several weeks. Moreover, the Senate has set aside the last two weeks of May to discuss comprehensive reform, and the House Immigration Subcommittee is set to hold a series of hearings prior to Memorial Day with legislative action anticipated for this summer. Whether the divisions that prevented a comprehensive bill from passing last year will be bridged this year remains uncertain.


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  • ramus
    07-19 06:20 AM
    Great.. Thank you.. I know we have more then 10,000 members who are active.. But not even half of them have contributed single.. It is time to show IV core that we care about our issues and we will do whatever we can to help ourself and help our community. We have long way to go for GC.

    This is time to start contributing.

    Thank you all..
    Please visit ..


    Just now signed up for recurring contributions of $50. #0MR48852AD185340W
    Contributed $200 yesterday.

    Hope this makes a difference!!!

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  • soulat
    06-22 08:00 PM

    I am not an attorney nor a legal expert by any means. However, I can give you some information about how things happen in the state that I'm working in - Here every employee gets an "employment-at-will" contract, which means that either party (the employer or the employee) can stop the employment by giving the other a two-week notice (I believe it has to be in writing). If the employee gives the notice and the situation is amicable then the employee helps in the transition process, completes his/her projects, hands over tasks, etc. Also, as another forum member stated earlier, the employee receives his/her full pay, benefits, etc. for this period. If the employer wishes, it may ask the employee to not come to work but that doesn't mean that they don't have to pay the employee. If the employer gives the employee a two-week notice (due to down-sizing, layoffs, etc. BUT NOT DUE TO CAUSE, i.e., the employee messed things up and as a result was fired), then I have seen/heard of situations where the employer tells the employee to not come to work for the notice period BUT they are bound by law to pay the salary, plus the employee is eligible for full benefits for this period.

    Two suggestions for you:

    1) Get your H-1 B AND your GC transfer done ASAP. Don't waste any time!!!

    2) Speak with your State's Department of Labor and seek their advice. If you can't afford an attorney see if there are any online lawyer forums or if there's any pro-bono (free) help that AILA or some other lawyer group can provide.

    I pray that things work out for you betterment, ameen.


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  • pv2715
    07-11 06:18 PM

    I am in the Gilbert area and would like to extend my support and help.


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  • MerciesOfInjustices
    02-26 03:36 PM
    Great conference call. Some robust suggestions from Membership Committee. I am trying to get Indian community members, who I know will probably not contribute money, to aleast join to advance our profile with lawmakers & decision makers!


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  • H1bslave
    04-16 12:44 PM
    Wipro's main HR works from India office and they have no idea of US Immig and Tax rules. You can reach US HR (pm me for 1-800 number), and discuss with them, they are good but lack of staff keeps them over-occupied. When I quit they didn't ask for anything. Overall a good company and does everything in a very systematic way and follows rules except employees who work from India try to be oversmart.

    I have a friend who resigned from Wipro USA. The offer letter stated "at will" employment terms. Wipro is asking him to return the original H1 petition ( I guess I-797 ) , is it normal for companies to ask for that? What impact would, not having original I-797, have for his GC process?


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  • deepakjain
    07-15 05:52 PM
    All I can say is "WELCOME TO USCIS"

    Ideally you would imagine to see some LUDs but the online status is out of sync as per USCIS.

    The process followed by USCIS in pulling up filed applications does not follow any routine process, I know many who are July 07 filers and have got queries and those queries are like.

    Birth Certificate, Missing vaccinations, marriage status, fill the form again, latest salary slips, employment letter.

    My sister was called for interview at CSC she is a july filer, the officer told her that she will get her GC when the priority date is current...rest is was just a routine paper check kind of stuff.


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  • shirish
    03-26 11:27 AM
    So do we have to give our fingerprints every year even after getting GC. I guess after getting GC our biological properties will not change right?

    just kidding

    Yeah it is true. As per USCIS laws we are aliens. We aliens shed our skin on the finger every year and our fingerprints change. Fingerprinting is an important step so that we can easily coexist with Humans here.

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  • yabadaba
    06-27 04:25 PM
    File directly at service center, do not pass go, do not collect 200


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  • ImmigrationAnswerMan
    07-09 01:03 PM
    Unless you extend your H-1B, you will not be able to renew the I-94. You will fall out of "status". But you will be eligible to remain in the US under an "authorized period of stay" while your I-485 is pending.

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  • Raji
    07-09 12:01 AM
    I support this. Can IV Core provide some input and insight into this idea and also the recent memo that emerged on on AoS.



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  • gnrajagopal
    07-20 02:39 PM
    great subject line! had a good laugh thnx to u !

    07-22 03:19 PM
    My priority date is current for more the 5+ months. When I asked my attorney to follow up , she asked me to wait 30+ days for processing date to be current.

    According to her, once priority date is current, 2nd hurdle is processing date to be current for your notice date.

    Hope this helps!


    08-29 01:09 PM
    Also, you can reschedule once... and cancel upto 3 times with no issues... The fees paid is valid of 12 months...

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