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  • ashutrip
    06-20 12:35 PM
    Do you know if you got an audit? Any idea about how they decide to do audits?
    per my lawyer...chances of audit is less for EB3




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  • EndlessWait
    07-24 04:19 PM
    After all sardarji can make a joke:D

    stop making sterotypical comments.




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  • pappu
    08-12 10:55 AM
    Senate Passage of Border Security Legislation

    August 12, 2010

    Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….

    The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….

    The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.

    In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.

    Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.

    When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.

    Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.

    But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.

    Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.

    The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.

    Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”

    The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.

    This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.

    Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.

    While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.

    But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.

    Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.

    Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.

    The fee is based solely upon the business model of the company, not the location of the company.

    If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.

    But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.

    This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.

    Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.

    Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”

    The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.

    So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.

    Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….

    The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.




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  • gapala
    03-04 10:01 AM
    First of all EAD is not a status. You need to provide them details on whether you are on H1B or AOS / Parolee (if used AP to travel or EAD to work).

    Hope this helps.



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  • jasmin45
    09-08 02:17 PM
    The unbelievable growth in India made me explore a bit in terms of investments, ended up with the financial advise and recommendation from experts that we cannot directly invest in equity as an NRI. Only investment allowed it seems, for NRI is in real estate. Not sure whether this is true. There holds the surprise I could not add up the numbers in real-estate in India. Real estate in India is darn expensive even by international standards (with per capita GDP of $700->$2500 per annum).

    Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)

    Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.

    Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.

    Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)

    Now You can do the math. Commercial land is even more expensive in india.

    The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.

    Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?

    Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.

    Good analysis. How long did you take to put this together this comparison?




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  • validIV
    03-04 11:58 AM
    Thats ridiculous. I recently bought a home and got FHA loan from Chevy Chase Bank. They did not ask me a single immigration related document or any proof of legal presence. All they ever asked was a valid ID during closing, and I showed them my drivers license.

    LOL. I think you meant JP Morgan Chase :) CHEVY CHASE is an actor.



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  • she81
    08-13 04:54 PM
    But why should we lose the PD that we've been hanging on to for so long. For all we know, they might retrogress EB2 next - with USCIS, there's no room to take chances. I'm on my 10th yr here and don't want anything to go wrong at this point.




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  • jonty_11
    07-06 01:03 PM
    I see that we all are very busy fighting amongst ourselves. Did all of you get a chance to "Digg" the story so it gets maximum publicity possible? This is the only story so far that carefully analyzes the 485 fiasco and longer it runs the better it will be for us.

    Please take a min and digg it. You'll be doing yourself a favor.
    yes please concentrate on IV action items, Contact senators, media, and keep digging...please that is the only way we have currently...so use ur free time to Digg...please



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  • hopefulgc
    09-12 11:20 AM
    i like this idea too ... and we need to send copies ot NYtimes, washington post, usatoday, etc



    In my opinion, we should do this:

    Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:

    1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.

    2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
    And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
    Ask a question (larger font) on the same page, why keep us on limbo?

    This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.

    If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.

    We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.

    As always, ignore this idea if you guys dont like it.




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  • chanduv23
    06-13 10:56 AM
    IV has changed our lives.

    Folks - look back at the situation beyond last year

    Retrogression
    Desi employer blood sucking
    Labor issues
    Companies closing down
    No job promotions no salary hikes
    CIR Draconian bill
    Durbin Grassley bill
    July fiasco

    Look at the difference IV made
    Constant grassroots lobbying - bringing awareness
    Extreme dedication of all volunteers - kept IV going
    Trust and faith - providing confidence and support
    Hard work and faced criticism in a positive manner
    Flower campaign during July fiasco - visa bulletin reversal
    September 18th massive rally - first time IV could manage to stage a rally with nearly 2000 highly skilled workers from around the country
    Media awareness
    Working with lawmakers
    Admin fix campaign
    2 year EAD
    Working on Lofgren bills
    Brought the entire community under one umbrella
    Discussion forums - a source of knowledge
    Tracking help


    Folks - let us all be thankful that IV has been there for us. This is the best thing to happen to the community.

    Please do not resist from contributing. It is diifficult for the first time, but once you do it - you will be happy.



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  • forgerator
    12-10 04:35 PM
    Kudos to USCIS though for keeping themselves employed. They have made such a mess of what could be a simple immigration planning process, by introducing layers upon layers of groupings, arbitrary allocation number limits and what not. A similar but perhaps even more complicated rocket science mess exists in another govt entity - the IRS.




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  • 485Mbe4001
    01-26 05:54 PM
    I think there was a call last week at 7:15 which i missed, i checked my emails late.



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  • EndlessWait
    07-24 04:19 PM
    After all sardarji can make a joke:D

    stop making sterotypical comments.




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  • Raju
    07-06 04:05 PM
    AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................

    This was what I mentioned earlier. This was reported by AILA a while ago.



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  • msp1976
    02-26 04:21 PM
    I am still waiting ...July 2004...




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  • Humhongekamyab
    02-18 03:49 PM
    pardon my ignorance. But since you already applied for 485, it means you will get GC in april 2009(if pd becomes dec 2005) ?

    Yes and No. If the PD stays at (let's say) December 15, 2005 and during that time the officer is able to review my file and request a visa number from the DOS then I will get the green card BUT if during this process the PD moves back (let's say December 14, 2005) then I will have to wait for it to be current again for me (i.e. December 15, 2005).



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  • rahulpaper
    04-30 11:13 AM
    Shouldnt this I485 number include all of following:
    Employment based or
    Family based or
    Anyone in FBI Net (name check) or
    Anyone in RFE loops etc



    Those numbers can be misleading. USCIS does not count petitions pending under FBI Name Check as backlogged.




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  • adhantari
    07-06 03:52 PM
    You morons, You have spent so much time in useless discussions and anti-immigrants are laughing at your foolishness. Its high time your greencards applications get a denial or RFE. You will come crying to IV to save your status. Or else you will be deported. That is all you can do. You guys have got sub labor or faked your resumes and now you want someone to be accountable to you. First learn to be accountable to yourself and your values.
    Here is what antis are telling you aholes:


    STFU you freeloaders

    just frustered bcoz you are still stuck in Labor while mostly everybody filed their GC right...... I can understand...... but you should channel your frustration in good way.... may be try seeing a shrink...... I will pitch in $1 if you get shrink help......




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  • ajju
    09-04 03:30 PM
    Hi,
    I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.

    The only issue I see is license with 1 year validity... Still better than none :-)

    EAD comes in pictiure only when you use it to work... for immigration purposes..




    scorion
    01-04 06:32 PM
    I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link

    http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf

    My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.

    I hope this reduces some frustration.




    glamzon
    07-24 05:08 PM
    Do anyone with PD in march 2007 got an approval from Atlanta ? the last i heard is feb 0n this forum .. keep updating



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