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  • arnet
    06-18 02:48 PM
    i support this initiative too.

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  • Ramba
    08-07 06:10 PM
    Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.

    Issues I see,

    1. The back date of marriage must match to my stay at India.

    2. I did not visit India in the last one year.

    3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.

    See the troubles I have now.

    P.S: I did not want to cheat USA Immigration Dept. Not a good practice

    Let me know if there are any guanine ways.

    Don't even think about that, unless you want to go to jail. They can easily find out if you were staying in US while your marriage tookplace in India.

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  • venkygct
    09-06 09:24 PM

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  • bujjigadu123
    02-21 02:52 AM
    I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.


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  • H1B-GC
    08-13 01:56 PM
    Iam in the similar situation, but my wife came here only last month on H4. My GC was approved yesterday. Now I have all the documents ready for my wife's GC application to be sent to USCIS. My lawyer also told me to immediately mail the application to USCIS since I did not receive my GC on hand yet.
    My concern is will my wife's application get rejected since my I485 has been approved? Pls help!

    I guess since you got Married before your GC Got approved, you should be fine. Your PD,RD and ND,Service Center Please?? Did your NC get cleared?

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  • svr_76
    03-11 06:31 PM

    For a consulting company ( unless it is some outsourcing company like Infosys), a company cannot produce the following info for a first time H1B candidate

    A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.

    Consulting companies exists for the reason that clients won't make an offer to the candidate unless he is already in US.

    Before starting to blame consulting companies, ask yourself a question.
    How many of you got a job offer from a US company ( non-consulting) when you were in India ?

    Either you came to US through a consulting company or you were a student in US.

    Per your logic if someone tries to stop/end bribing in India, you will question them saying-

    Before starting to blame Bribe seeking entities, ask yourself a question.
    How many of you bribed an entity to get your work done, or asked for bribe to do the work for someone?

    What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc....and then when this size increases they resort to means like not paying enough or providing them company guesthouse and kitchen + some money to buy grocery and few more buck but not the entire salary..... This is all how it started (the mis-use started)....and that is why consulates have imposed stricter checks.

    It same with the foreclosure crisis...uptil now Bank gave loans (equivalent to visa) w/o complete and proper documentation..which cause ppl getting loands/home when they cannot afford it... now when this whole mess is identified..they want to implement strict enforcement of not giving No-Document, 0-Zero payment loans etc... and you are suggesting to ask people the same question - Have you received such loans in the past ..if yes then why object now... ?


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  • qualified_trash
    12-13 03:50 PM

    Don't take it otherwise... I will NOT do anything against anybody.

    That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.

    - My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?

    Hope you now understand my points & will give me sincere advises.

    waiting for your help....

    speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.

    just my 2 cents.

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  • mammoy2k
    06-05 03:43 PM
    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.

    I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.


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  • preddy2k
    08-15 01:16 AM
    Thanks heywhat and abhijitp
    I will re-file it tommorrow.

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  • baburob2
    04-01 10:16 PM
    sent it.


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  • mhtanim
    02-10 08:51 PM
    I got the same email/soft lud today. My application starts WAC as well, got transferred to NSC.

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  • virald
    11-06 04:26 PM
    EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days

    This isn't neccesarily true for AP. I saw the same status, but my lawyer got AP approvals.


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    07-23 11:59 PM

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  • needhelp!
    01-11 12:38 PM
    Voting multiple times is not allowed, so this is going to be hard to track.
    eg. If I vote right now that i have contacted congressman, I won't be able to come back and change my vote when the congressman sends the letter out.


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  • spdy_mn
    10-21 02:32 PM
    I understand.

    I once asked about a soft lud and I was given red dot. The reason given was
    "quit asking about soft luds". They could have said that in the thread instead of giving me red dots :confused:

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  • whattodo
    07-19 12:26 PM
    Where did you get 30 days information? What if it is 40 days instead of 30 days? Is there any official document about this?


    Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.

    It seems that she was out of status.

    Not a legal advice.


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  • h12gc
    09-21 05:26 PM
    Hello Dear IV california members,

    First I want to congratulate all you guys for the success of the rally.I have recently joined this group and contributed $100 towards the rally.Now on wards i want to be active member of this group.I live in Sunnyvale,CA.I will give my best for this cause.I want to be part of California chapter activities.As i said i'm a new member i'm not aware of all the activities involved in chapter.If any one can message me their contact no.i will call you guys and discuss future course of action.


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  • prioritydate
    08-06 10:40 PM

    Report their illegal activities.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ece03509211f8110VgnVCM1000004718190aRCR D

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  • xu1
    04-01 03:38 PM

    i was IMing with a friend working for microsoft and trying to tell him about IV. he had already been a contributing member! :)

    06-12 09:28 PM
    This report is just released: Very interesting comments
    The U.S. retains its global pre-eminence in science and technology,with a big boost from foreign students,scientists and engineers, a RandCorp. report said.

    U.S. Still Leads the World in Science and Technology; Nation Benefits From Foreign Scientists, Engineers

    Despite perceptions that the nation is losing its competitive edge, the United States remains the dominant leader in science and technology worldwide, according to a RAND Corporation study issued today.

    The United States accounts for 40 percent of the total world�s spending on scientific research and development, employs 70 percent of the world�s Nobel Prize winners and is home to three-quarters of the world�s top 40 universities.

    An inflow of foreign students in the sciences -- as well as scientists and engineers from overseas -- has helped the United States build and maintain its worldwide lead, even as many other nations increase their spending on research and development. Continuing this flow of foreign-born talent is critical to helping the United States maintain its lead, according to the study.

    �Much of the concern about the United States losing its edge as the world�s leader in science and technology appears to be unfounded,� said Titus Galama, co-author of the report and a management scientist at RAND, a nonprofit research organization. �But the United States cannot afford to be complacent. Effort is needed to make sure the nation maintains or even extends its standing.�

    U.S. investments in research and development have not lagged in recent years, but instead have grown at rates similar to what has occurred elsewhere in the world -- growing even faster than what has been seen in Europe and Japan. While China is investing heavily in research and development, it does not yet account for a large share of world innovation and scientific output, which continues to be dominated by the United States, Europe and Japan, according to RAND researchers.

    However, other nations are rapidly educating their populations in science and technology. For instance, the European Union and China each are graduating more university-educated scientists and engineers every year than the United States.

    Policymakers often receive advice from ad hoc sources. Although their viewpoints are valuable, they should be balanced by more complete and critical assessments of U.S. science and technology, said report co-author James Hosek, a RAND senior economist. The absence of a balanced assessment can feed a public misperception that U.S. science and technology is failing when in fact it remains strong, even preeminent.

    �There is a pressing need for ongoing, objective analyses of science and technology performance and the science and technology workforce. We need this information to ensure that decision makers have a rigorous understanding of the issues,� Hosek said.

    Among the study�s recommendations:

    Establish a permanent commitment to fund a chartered body that would periodically monitor and analyze U.S. science and technology performance and the condition of the nation�s science and engineering workforce.

    Make it easier for foreigners who have graduated from U.S. universities with science and engineering degrees to stay indefinitely in the United States.

    Make it easier for highly skilled labor to immigrate to the United States to ensure the benefits of expanded innovation are captured in the United States and to help the United States remain competitive in research and innovation.

    Increase the United States� capacity to learn from science centers in Europe, Japan, China, India and other countries.

    Continue to improve K-12 education in general, and science and technology education in particular.

    The inflow of foreign students, scientists and engineers has been a key factor that has enabled the U.S. science and engineering workforce to grow faster than the U.S. is graduating native-born scientists and engineers, according to the report. Researchers found that foreign-born scientists and engineers are paid the same as native born, suggesting their quality is on par.

    But a recent reduction in the cap on skilled immigrant visas (H1-B) has the potential to reduce the inflow of foreign science and engineering workers, and the report argues that curtailing the supply of these scientists and engineers can lead U.S. firms to outsource more research and development to foreign countries and locate new facilities overseas. Rather than protecting jobs, this could lead to reduced investment and employment at home.

    Among potential weaknesses faced by the United States are the persistent underperformance of older, native-born K-12 students in math and science and the heavy focus of federal research funding on the life sciences versus physical sciences. Another unknown is whether an increasing U.S. reliance on foreign-born workers in science and engineering makes the U.S. vulnerable. In recent years, about 70 percent of the foreign scientists and engineers who receive PhDs from U.S. universities choose to remain here, but the stay rate could fall as research conditions and salaries improve abroad.

    The RAND report was sponsored by the Office of the Under Secretary of Defense for Personnel & Readiness and conducted within the Forces and Resources Policy Center of the RAND National Defense Research Institute, a federally funded research and development center sponsored by the Office of the Secretary of Defense, the Joint Staff, the Unified Combatant Commands, the Department of the Navy, the Marine Corps., the defense agencies and the defense Intelligence Community.

    The report, �U.S. Competitiveness in Science and Technology,� can be found at www.rand.org.

    04-09 01:12 PM
    "Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here."

    You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.

    This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.

    Thousands of advanced degree holders are being kicked out of the country and a million people are stuck in a GC mess -- no one cares, it's no-one's business. The human being is like a tiny and replacable cog in the system.

    Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess. Zoe Lofgren is one, maybe a few others. The rest think the system is just fine.

    Barack Obama spoke in the senate last July and said that the employment-based immigration system is working so well, we shouldn't make any changes!

    Sorry, seeing this week's H1B brings out the pessimist in me. Maybe there's hope for legal immigrants in the future, but only if we keep fighting.

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