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Written By muthmmuuuaaanniish on Sunday, June 26, 2011 | 8:14 PM

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  • annsheila79
    04-21 07:15 AM
    Yes...it proves.


    thanks for agreeing with me :)





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  • amitjoey
    12-22 02:29 PM
    Dear Sir/Madam

    I have been in the country Legally on a student visa and then on a work visa for 10 years. I have been in line and have applied for a greencard 6 years ago and my application has been shuttled through various departments and agencies in a 4 step procedure and now being stalled for want of a number (An immigrant number) for a highly skilled immigrant. There are an estimated 1/2 million legal law abiding, tax paying individuals in a similar situation who need your attention. All of them are in the country on a work visa and are in line to recieve an employment based green card.

    The Employment based green card system is completely broken due to excessive delays and backlogs in petitions of nearly half a million highly skilled workers who are certified by US Government to be doing a job that no US citizen is willing, qualified or able to do. The delays in obtaining a permanent residency are due to 2 reasons: Numerical caps on employment-based green cards and processing delays in adjudication of files. Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home.

    These future Americans are facing huge quality of life issues and their employers are facing difficulty in attracting more of the best and brightest of the world due to the broken system. The system prevents these workers from accepting promotions and switching jobs for the time-period it takes to process their files. By stagnating career growth and suffocating the creativity of the most innovative and technical minds of the world.
    The processing delays mock America�s respect for those who �play by the rules� and get in line. At the same time USCIS awards 10s of thousands of greencards to people every year outside of USA based on a pick or lottery.

    At the end of 2006, there were an estimated 200,000 employment-based principals waiting for labor certification, which is the first step in the U.S. immigration process. The number of pending I-140 applications, the second step of the immigration process, stood at 50,132. This was over seven times the number in 1996. The number of employment-based principals with approved I-140 applications and unfiled or pending I-485s, or the last step in the immigration process, was 309,823, a threefold increase from a decade earlier. Overall, there were 500,040 employment-based principals (in the three main employment visa categories of EB-1, EB-2, and EB-3) waiting for legal permanent residence. And the total including family members was 1,055,084.

    These numbers are particularly troubling when you consider there are only around 120,000 visas available for skilled immigrants in the EB-1, EB-2, and EB-3 categories. To make things worse, no more than 7 percent of the visas are allocated to immigrants from any one country. So immigrants from countries with large populations like India and China have the same number of visas available (8,400) as those from Iceland and Poland.

    At the same time, a debate rages about H-1B visas and this gets considerable press coverage. Companies such as Microsoft, Intel, and Oracle have been lobbying for visas to bring in skilled immigrants, but have focused on expanding the numbers of H-1B visas available. Why? Perhaps because workers on these visas are desirable, as they are less likely to leave their employers during the decade or more they are waiting for permanent residence.

    So we want skilled immigrants, but we want them to come on the right visas as permanent residents. The battles being fought are about bringing in more people with H-1B visas�not about those who are already here with them and stranded in �immigration limbo.�

    Unlike many of the problems facing the United States, this one isn�t hard to fix. All we have to do is to increase the number of visas offered to skilled workers in the EB-1, EB-2, and EB-3 categories from 120,000 to around 300,000 per year. And we need to remove the per-country limits. Instead of requiring graduates from top universities who receive jobs from American corporations to go through the tedious H-1B visa process, we should provide a direct path to permanent residence. We are now competing with the rest of the world for the best talent. We need to do all we can to attract and keep skilled immigrants, rather than bring them here temporarily, train them, and send them home.
    One more most important aspect is also to provide an oversight over USCIS. Presently, processing delays, lost paperwork, incourteous and bad customer service and above all a non-transparent system is what immigrants face. Why should legal tax paying immigrants wait in line patiently for half a decade and pay high fees to get lousy customer service and no accountability for fees?.


    Yours truely,
    Frustrated, law abiding, tax paying immigrant





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  • smisachu
    12-20 11:52 PM
    Bump


    Hi Guys. I am trying to take an appointment in Jan. The earliest I can get is 11th in Kollkata. I have booking to travel to US on 26th. After listening to the delays here, I am confused where to go for stamping or return with AP.:confused::confused:

    Please advise; guys who have been through stamping recently. Appreciate your feedback.





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  • kumarpositive@gmail.com
    11-16 12:58 AM
    For me 24 days passed I've not received any letter from USCIS.

    I have received yesterday the reopened notification (11/15/2007), I am very eager to know the status of others who has already met the 30 day period. Please provide some feedback on your case status.



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  • senthil1
    05-24 01:06 PM
    They are trying to make sure that current situation is better. The message is clear.If you ask more you will lose whatever yo have also.

    It looks like these politicians want to create more and more pain instead helping to get out of the problem.





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  • va_12_2004
    04-21 10:49 PM
    I have just contributed $100. More later. Please keep up the good effort. I am trying to talk with guys in our company to join and contribute.



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  • brij523
    07-25 05:25 PM
    For me the frustrating aspect is that my first son is in college. Arizona State University is forcing me to pay out-of-state fees and have stated that I could only pay in-state tuition after filing I-485! So the money I could have invested in business is going to college tuition. Another son is in senior class in high school and will be going to college next year. Yet another son will be going to college in 2008.

    I have thought of going back to Nigeria but I'll like my sons to finish college here. So, I have decided to stay until I get GC. My wife and I are both studying for Masters (another big expense for us!).

    We spend most of our time between studies, volunteering and other community activities.

    Could others on this forum who have college-age kids tell me how they and their families are coping with expense of college tuition?


    I have been to different state and I have stayed in different state. I think if an individual had stayed for one year in a state, the indivudual is eligible for in state tuition, that is the general rule I observed in all the state I have stayed. My wife is studying. I don't pay any fee for her. The tuition is covered under HOPE scholarship.

    My status I140 approved and I485 pending.





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  • eb3retro
    11-02 11:55 AM
    I would like to share my experience and it may help some people here.
    My H1 was sponsored by company A when I was working with them on OPT. I paid $3000 for H1 filing and attorney fees and company A gave me the H1 approval notice only after I signed an agreement that I would work for atleast one year with them.
    Afetr 1 month of my H1 approval, I got a better job offer from company B and I got the H1 transferred. I notified my client and company A who threatened to revoke my H1, take me to court etc etc. They also withheld 4 weeks of my pay.
    After joining company B, I filed a complaint against company A with DOL that they withheld my salary and also they demanded H1 fees from me. After 2 weeks of that complaint, my salary was deposited into my account and DOL was looking into my complaint about H1 fees. This case finally got resolved last week after about 18 months, when DOL finally persuaded company A to pay $3000 back to me.
    I would request everyone who is a victim of these blood sucking employers to
    take every possible action against them. There's a very little chance that they would go to court because they are themselves involved in gross irregularities.

    now that this is not a private issue anymore (you have taken the employer to the court and DOL) you can defenitely save some souls if you reveal your employer here. having said, wish everyone had courage like you. good job.



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  • letstalklc
    09-11 11:04 AM
    Hi All

    Where u take SBI or ICICI they will not tell you the date on which the actually transaction was taken place. Yes its right that they keep money with them for 2-3 days and remit only when they see that exchange rate will increase.

    I have used both, in my personal opinion SBI offers good rate than ICICI.

    Again, this may be not correct because we don't know the time they update their web site to reflect the current exchange rate.

    I know ICICI not good in terms of every thing, I had very very bad experience with them couple of times, then I have switched to SBI 3 years ago, now I am using SBI NRI account as well as their GLS services to transfer money.

    Coming back to conversation rate, SBI will update only once in the morning and will give you that rate on the day money will be transferred into your INDIA account (Normally 5th working day), I have checked lot of times to confirm the same and every time it is correct so far (3+years).

    Now a days they have also opened customer support with toll free no, where you can call them from here.....which is really good....





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  • hope2007
    07-18 02:19 PM
    Can anyone pls post the tel num to call USCIS.



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  • desi3933
    01-28 04:05 PM
    ....
    E-E is the most controversial item in the USCIS memo which also is illegal.

    [From the pdf file]

    H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.

    Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
    503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).


    http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf


    _________________
    Not a legal advice.





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  • gsc999
    07-11 12:25 PM
    Fellow IVians or IVers. Whichever you prefer:

    You may not be able to attend the San Jose rally but you can still be part of the effort by volunteering to help call the members in California and inform them about this event. You can call even if you are on the East Coast. This is urgent!

    This will help us focus on other logistic issues like banners, posting flyers.
    Your help will make the San Jose peaceful walk a success!



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  • learning01
    04-19 08:36 AM
    ...for guests who are brwosing this site to contribute to our cause. Or both.

    Because the site knows which user is logged in and who is not, this could be easy. Put a soft thanks, please ignore if you have contributed, but not presently logged in.
    let us do this





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  • permfiling
    12-02 09:57 PM
    As some one suggested ads are good source, I think the local state chapters should encourage members to donate/ join for recrurring contributions.

    I just contributed $300. I will sign up for recurring ...


    Google Order #448925927215726

    Sunil
    PD: Eb2 - 05
    Contributions so far: $500
    Member of North California Chapter



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  • apt29
    09-25 05:07 PM
    those who are defending IV has more green dots coz, they are the ones who do all the volunteer work and involve actively.

    get it! now can u rest for a while not ur case :-)


    Got it. Point taken. btw good joke about case.





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  • getgreensoon1
    04-24 07:49 AM
    Well only members who are working for the good for the the whole EB community are welcome here.

    Not some stupid highly educated person who does not have any education in humanity but thinks he deserves GC before others because he is superior than them

    Very true ....you are doing too good for the whole EB community. Get your as....s out of here. Biggest idiot on earth.



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  • nrk
    10-29 05:53 PM
    Also for me as well

    caliguy

    Could you please send me the letter that you sent to Sec. NAPOLITANO-. My e-mail address is rongch60@gmail.com.

    Thank you.

    Ron





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  • amitga
    02-02 11:27 AM
    $50 is too high. I know big communication American company who bring people here on $35 per day. That is even below the minimum wages.

    I know even Accenture brings people on B1 visa @ 50 dollars a day





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  • H1B2GC
    09-29 06:45 PM
    Hey guys, I'm sorry to say I'm tired of hearing the term "good" when it comes to lawyers and attorney. Can you post a list of the so called "good" lawyer or attorney that you have come across who does not try to milk your hard earned $.

    If a simple straight forward question can be answered only after paying $200-500 per half hour. That's is great business. Isn't it? The more complicated your case goes the more $ lawyer or attorney make?

    God Bless America!





    browncow
    05-25 01:27 PM
    here is the link http://www.govtrack.us/congress/bill.xpd?bill=h110-6938
    looks like this bill will not go no where ...there is only 3 cosponsors..:mad::mad:

    all of them democrats, in a house of democrats.
    and you dont need 15 sponsors for a bill. and having 3 sponsors does not weaken the merit of a bill. in fact most bills would only have less than 10 cosponsors.

    And it was in the democrats' rule that the last EB favored legislation was passed.





    sam_hoosier
    03-08 05:16 PM
    desis will never change

    The non-paying members comprise of desis as well as non-desis :) Lets not point fingers at anyone group.



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