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  • ash27
    04-01 09:53 AM
    Could somebody please advice if contract work on W2 would cause any issues at the time of adjudiciation? Any information will be greatly appreciated.

    Thanks,





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  • needhelp!
    02-18 02:44 PM
    Just a gentle reminder to post us an update if you've got some by now.


    Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.





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  • ns33
    03-18 04:22 PM
    Answers below:

    1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
    2. I have used AC21 before. Have not done EAD renewal yet.

    Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
    Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
    If you have a good suggestion/solution please PM me.
    Thanks
    NS
    PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.





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  • gc_chahiye
    06-11 06:02 PM
    You may port the PD as well as get 3 yrs extension based on previously approved I-140 regardless of employer as long as I-140 is not revoked.

    what happens to the H1 extension if the I-140 is subsequently revoked?



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  • ibbu_arif
    11-17 05:21 PM
    Thanks "LostinGCProcess" { I apologize to call you by your userID :) }

    This give me confidence to travel even if I don't get my AP approved.

    I actually posted one more post asking my concerns about multiple security checks
    http://immigrationvoice.org/forum/showthread.php?t=22443

    Can you please advise what in your opinion is the best thing to do.

    I know the security clearance timeframe is unknown, but how long does the PIMS check take?





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  • smurugan
    11-02 03:37 PM
    Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.

    Thanks for all the inputs



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  • jasonalbany
    07-04 12:28 PM
    Access to Job Market in U.S. a Matter of Degrees
    Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
    By Anna Gorman, Times Staff Writer
    July 3, 2006


    This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.

    But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.

    Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.

    "I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."

    Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."

    The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.

    Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.

    "There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."

    But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.

    "The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.

    The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.

    The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.

    There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.

    Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.

    Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.

    "The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.

    "If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."

    One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.

    Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.

    "We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."

    Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.

    Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
    They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.

    "It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.

    "We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."

    Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.

    If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.

    "This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."

    But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.

    "We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."

    David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.

    Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.

    Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."

    "I am really qualified," she said. "Hopefully, I will be able to teach soon."

    As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.

    "The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."





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  • bsbawa10
    08-21 10:23 AM
    You must ask the badge number and note down the time of each call. Then file a complaint if you are not satisfied with the customer service experience.

    Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.

    I do not have any ID (She spoke that too quickly) but I know the time (8 am cst) and I am prepared to give the written complaint.



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  • furiouspride
    04-22 12:08 AM
    enjoy food.. best place to enjoy all sorts of food in US
    By all sorts, you mean Indian? :D





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  • rameshvaid
    02-24 04:50 PM
    Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
    I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?

    Yes.. u can apply for FAFSA.. U do qualify. U can either PM me or Call them directly. They are very helpful.

    Good Luck..
    RV..

    "AP is Advance Parole" to enter US.



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  • doceb2
    04-13 06:20 PM
    i also need the answet to this question , how should one respond if somebody gets rfe with different job





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  • webpromo
    03-25 09:50 AM
    they gave the xerox copies of the passport , and hold my passport , I never heard any one in this situation , they are so stupid and racial ,and I don't think they make sense , read this this is real situation in US this is true , because I the victim of this

    Guide to US Deportation (http://www.asifism.com/guide-to-us-deportation/)



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  • KVHTMBA
    01-11 01:12 PM
    Good to see this bill and it will be great if it is passed even with less than 60% allocation from the lottery program. I don’t think they would completely eliminate lottery program and the lottery program might have their own advocacies. As mentioned in this thread they might have the lottery program for many reasons. I am hoping for the bill to pass as it is :-)

    Regarding satyasrd’s question I think section 2 . line #15 thru #19 in the bill (I copied the text below) helps who obtain the advanced degree in USA before 01/05/2011 (preceding the date of the petition) and obtain the degree within 5 years you should be good to go. Others please correct me if I am wrong.
    15 ‘‘(ii)(I) obtained such degree within
    16 the United States during the 5-year period
    17 preceding the date on which the petition
    18 filed under section 204(a)(1)(F) for
    19 classification under this subparagraph is filed;
    Regards,
    KVHTMBA





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  • tdasara
    01-21 01:39 PM
    Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.

    The worst part many working pros who know of these issues hardly make an effort to work on a solution.

    Either stay mum or fight for..IV members are the latter



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  • kittu1991
    02-27 02:05 PM
    In fiscal year 2006, there were 5 Indian firms in the top 10 users of H1B visa.
    http://www.networkworld.com/community/?q=node/15273

    However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.

    The Inidian firms use H1B for short term assingments of 2 to 3 yrs. And now a days Greencard is not an attractive carrot for Indian SW engineers.





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  • drirshad
    04-18 11:18 PM
    http://hammondlawgroup.blogspot.com/

    Friday, April 13, 2007

    Bills Introduced

    There have been two bills introduced which may help our cause and are surely of interest to readers of this Blog.

    The first is a re-introduction of the SKIL Bill (S. 1083). The text of the bill has not yet been released to the public. It is expected that this will contain the same retrogression-elimination language that was contained in the 2006 version of the bill. The bill was introduced by Senator Cornyn and cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison (R-TX), and Lott (R-MS). As readers of this blog may be aware, Sen. Hutchison has long been a leader on Schedule A visa reform.

    The second bill (S. 1092) seeks to immediately raise the H-1 quota, and was proposed directly as a result of last week�s immediately-reached H-1 visa cap. Sen. Hagel is the sponsor of this bill. The text of this bill is unavailable at this time as well.

    Both bills shortly should be available on THOMAS.

    UPDATE: As expected the 2007 version of the SKIL Bill contains favorable language.



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  • rockstart
    06-16 10:06 AM
    I think we need the list of new congress men/ women to call as part of phase 4 of the campaign.





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  • dazed378
    03-28 03:23 PM
    I sent the documents (tax return and W-7 together) through certified mail and as per USPS tracking, they were delivered on 28th Feb. However, IRS representative said they received my tax return documents on 14th March. I got the refund through direct deposit on 25th March.





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  • new_horizon
    05-07 08:36 AM
    I don't think you should make it a big deal. I know it hurts you and your family to see PD question you, but they were doing their job based on someone's complaint. Moreover you don't want to complicate matters, and put you in the spotlight for nothing.
    I am sure the gods will be more forgiving on these ignorant officers, and so should you.





    desih1b
    05-01 10:17 AM
    I think you can file a new LC with new employer and recapture the old LC priority date or if the previous 140 is still valid (not revoked) you can file for I485 using that 140 with that employer.

    Better consult an attorney. before talk to the old lawyer and get all necessary info.

    all the best.





    rex
    04-25 03:06 PM
    Thank you all for a bunch of good answers.

    I will do the electronic address change and send a letter to uscis to represent myself and wait a month before sending in the AC21 letter.
    seems to be the best option here.

    Pappu. i have updated my profile. I am not a power user of this site because of some restrictions at work, but do appreciate what all of you are doing for the community.
    Thank you
    Rex



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