Thursday, June 9, 2011

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  • pratikgr
    08-09 08:55 AM
    Hey ..You could take GMAT training or something from Kaplan which issues F-1 Visa for 3 months which is the duration of the course. 20 hours of mandatory attendence is there per week and you cannot work during that time....but you are covered legally. First get an F-1 and then apply for a H-1. I did this in 2004.

    Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?

    Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.

    Yes marriage is another option, but only 50% is in my hand for this option.

    Please please guys, get me some way out of this situation.

    Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.





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  • GCwaitforever
    02-13 01:44 PM
    Stuck in Immigration backlog? Join IV for a furlong.





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  • hanu0913
    10-08 11:03 AM
    You'd have to wait for PD to become current to add spouse.

    Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.

    can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval





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  • chem2
    06-01 06:36 PM
    labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.



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  • vladdrac
    06-09 10:32 PM
    that looks **** good VD





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  • kalyan
    04-17 10:30 AM
    By the time, the DOL comes in and does all the needy and get a court hearing, still the employer will not pay you if he wishes.

    The judgments are there for employers and they did'nt even get a penny out of it.

    Since they are US citizens, they don't have anything to loose.

    I would say, report to USCIS with all the facts but becautious about your own H1B and other details.

    May be u 'll come under the lense of "OUT OF STATUS"

    Good luck.



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  • TheOmbudsman
    06-28 11:50 PM
    Sure. Tell me exactly day and time. I will make sure I am miles away from that. I just don't want to be identified with the "amnesty bill" since that is getting increasingly unpopular these days.





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  • snowcatcher
    05-22 08:12 AM
    This is the actual study that was referred to in this article. It seems like they just posted it? It's timing is perfect. Looks like we are going to be lucky. Let's hope so.

    http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf



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  • tikka
    08-09 08:18 AM
    U definitely and and will :)

    /\/\/\/





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  • fromnaija
    04-21 12:40 PM
    Hello fromnaija,
    I don't think we need to start out GC process everytime we move to a different location. I believe that GC is for future employment so according to me we don't need to re-start GC process when we move from east to west and north to south.

    Thanks


    Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.

    Remember, this is in the context of someone who has not filed I-485. If it has been six months or more since applying AOS, then yes you may move without having to restart the GC process.

    To the OP, there is nothing that says you cannot have multiple LC from same employer for different location. As I said before if the different locations are within the same Metropolitan Area, then one LC suffices.



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  • learning01
    04-12 12:33 PM
    As I had already posted in the news article thread (http://immigrationvoice.org/forum/showpost.php?p=8552&postcount=225), this is an exhaustive article with a bold and thought provoking headlines. The article can be accessed here - http://www.newsobserver.com/104/story/427793.html

    Many skilled foreigners leaving U.S.
    Exodus rooted in backlog for permanent status

    Karin Rives, Staff Writer

    When the Senate immigration bill fell apart last week, it did more than stymie efforts to deal with illegal immigration.

    It derailed efforts to deal with an equally vexing business concern: a backlog in applications for so-called green cards, the coveted cards that are actually pink or white and that offer proof of lawful permanent residency.

    Many people now wait six years or longer for the card. There are 526,000 applications pending, according to Immigration Voice, an advocacy group that tracks government data.

    Lately, this has prompted an exodus of foreign workers who tired of waiting, to return home or go further afield. With the economies in Asia and elsewhere on the rise, they can easily find work in the native countries or in third nations that are more generous with their visas.

    "You have China, Russia, India -- a lot of countries where you can go and make a lot of money. That's the biggest thing that has changed," said Murali Bashyam, a Raleigh immigration lawyer who helps companies sponsor immigrants. "Before, people were willing to wait it out. Now they can do just as well going back home, and they do."

    Mike Plueddeman said he lost three employees (one a senior programmer with a doctorate) at Durham-based DynPro in the past two years because they tired of waiting for their green cards.

    All three found good jobs in their home countries within a few weeks of leaving Durham, said Plueddeman, the software consultancy's human resource director.

    "We are talking about very well-educated and highly skilled people who have been in the labor force a long time," he said. "You hate losing them."

    This budding brain drain comes as the first American baby boomers retire and projections show a huge need for such professionals in the years ahead. U.S. universities graduate about 70,000 information technology students annually. Many people say that number won't meet the need for a projected 600,000 additional openings for information systems professionals between 2002 and 2012, and the openings made by retirements.

    "We just don't have the pipeline right now," said Joe Freddoso, director of Cisco Systems' Research Triangle Park operations. "We are concerned there's going to be a shortage, and we're already seeing that in some areas."

    Cisco has advertised an opening for a data-security specialist in Atlanta for several months, unable to find the right candidate. Freddoso believes the problem will spread unless the government allows more foreign workers to enter the country, and expedites their residency process.

    However, not everybody believes in the labor shortage that corporations fret about.

    Critics say that proposals to allow more skilled workers into the country would only depress wages and displace American-born workers who have yet to fully recover from the dot-com bust.

    "We should only issue work-related visas if we really need them," said Caroline Espinosa, a spokeswoman with NumbersUSA, a Washington, D.C., group pushing for immigration reduction. "There are 2.5 million native born American workers in the math and computer field who are currently out of work. It begs the question whether we truly need foreign workers."

    She added that the immigration backlog would be aggravated by raising the cap for temporary and permanent visas, which would make it harder for those who deserve to immigrate to do so.

    Waiting since 2003

    Sarath Chandrand, 44, a software consultant from India, moved with his wife and two young daughters from Raleigh to Toronto in December because he couldn't live with more uncertainty. He applied for his green card in early 2003 and expects it will take at least two more years to get it.

    His former employer continues to sponsor his application for permanent residency, hoping that he will eventually return. But Chandrand doesn't know what the future will hold.

    "I miss Raleigh, the weather, the people," he said in a phone interview. "But it's a very difficult decision to make, once you've settled in a country, to move out. You go through a lot of mental strain. Making another move will be difficult."

    Canada won him over because its residency process takes only a year and a half and doesn't require sponsorship from an employer.

    The competition from Canada also worries Plueddeman, who said several of his employees are also applying for residency in both countries. "They'll go with whoever comes first," he said.

    And it's not just India and Canada that beckon. New Zealand and Australia are among nations that actively market themselves to professionals in the United States, with perks such as an easy process to get work visas.

    New Zealand, with a population of 4 million, has received more than 1,900 applications from skilled migrants and their families in the past two years, said Don Badman, the Los Angeles marketing director for that country's immigration agency. Of those, about 17 percent were non-Americans working in the United States.

    Badman's team has hired a public relations agency to get the word out. They have also run ads in West Coast newspapers and attended trade shows, mainly to attract professionals in health care and information technology.

    Dana Hutchison, an operating room nurse from Cedar Mountain south of Asheville, could have joined a hospital in the United States that offers fat sign-on bonuses. Instead, she's in the small town of Tauranga, east of Auckland, working alongside New Zealand nurses and doctors.

    "It would be hard for me to work in the U.S. again," she said. Where she is now, "the working conditions are so fabulous. Everybody is friendly and much less stressed. It's like the U.S. was in the 1960s."

    Limit of 140,000

    Getting a green card was never a quick process. The official limit for employment-based green cards is 140,000 annually.

    And there is a bottleneck of technology professionals from India and China. They hold many, if not most, of all temporary work visas, and many try to convert their work visa to permanent residency, and eventually full citizenship. But under current rules, no single nationality can be allotted more than 7 percent of the green cards.

    In his February economic report, President Bush outlined proposals to overhaul the system for employment-based green cards:

    * Open more slots by exempting spouses and children from the annual limit of 140,000 green cards. Such dependents now make up about half of all green card recipients, because workers sponsored by employers can include their family in the application.

    * Replace the current cap with a "flexible market-based cap" that responds to the need that employers have for foreign workers.

    * Raise the 7 percent limit for nations such as India that have many highly skilled workers.

    After steady lobbying from technology companies, Congress is also paying more attention to the issue. The Senate immigration bill had proposed raising the annual cap for green cards to 290,000.

    Kumar Gupta, a 33-year-old software engineer, has been watching the legislative proposals as he weighs his options. After six years in the United States, he is considering returning to India after learning that the green card he applied for in November 2004 could take another four or five years.

    Being on a temporary work visa means that he cannot leave his job. Nor does he want to buy a home for his family without knowing he will stay in the country.

    "Even if the job market is not as good as here, you can get a very good salary in India," he said. "If I have offers there, I will think of moving."

    Let's utilize this write up and start quoting the link in our personal comments / emails to other news anchors, commentators, blogs etc.
    I thought this deserves it's own thread. Please comment and act.





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  • chanduv23
    08-07 08:04 AM
    Please visit http://iv-tristate.blogspot.com

    Please make it to this event



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  • vivache
    09-26 05:14 PM
    "Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."

    Unintelligent question .
    What time frame do we expect this to kick in .. if it does?
    (I know you can't give a definite date .. but just curious)

    Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ??)





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  • raysaikat
    06-10 10:18 PM
    I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?

    And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.



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  • amitpan007
    06-29 03:15 PM
    I have gone thru this exercise. There is no Individual health insurance plan in TX that covers maternity. I am expecting a baby in few weeks and switched whole family into my employer's plan few months ago and pay the difference from my pocket. If you have more specific questions PM me.





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  • Munna Bhai
    07-12 10:21 AM
    any more help??



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  • Canadian_Dream
    02-27 01:31 PM
    I have the exact same question for the original poster. Do you know someone or have heard from several people who were scrutinized about intent after leaving the employer upon GC approval ? I know folks who left with in few months and completed naturalization without any issues, but that's an anecdotal evidence and doesn't prove anything. Please let us know your source of information.

    You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:





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  • glus
    02-27 09:09 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.

    Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

    Hope this makes sense.





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  • bharol
    07-05 04:41 PM
    Which part of CA are you in? Is it scary to live there. Do you really need a gun?

    I live in Southern california(also lived in LA/Orange/San diego area) and i guess you are not in Southern california.

    J Thomas


    I live in SF Bay area.
    Not that I am getting paranoid, I suspect social issues if economy worsens..Rising crime and other social issues do come up in tough economic conditions.

    Recently one of my friends was targeted in a racial abuse, something which was unheard in the area where I live in. I see gang signs allover the area where I live. It was not like that one year ago.





    saimrathi
    08-10 03:30 PM
    Source??

    And please post in the media thread...





    desi3933
    06-21 05:21 PM
    I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
    Thanking you in advance.

    You need to have 2 (or more) approved I-140s for Priority Date transfer.

    Job Title, Description and Salary do NOT matter.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002



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