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axyl
05-17 06:57 PM
Does one need to be physically present in US in order to file I-485 application? I had already booked my travel to India on May 25th before I came to know that the my Priority Dates had become current. Will I need to be in US till I get the filing receipt? I was curious on how would UCSIS know that I'm out of country on the day of filing?

Thanks
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akred
07-15 03:20 PM
I was able to find a good source of H1B data.
http://www.uscis.gov/files/nativedoc...cteristics.pdf (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)

Some nuggets for FY 2005:

Number of H1B petitions approved for initial employment: 117,536

H1B petitions for intial employment where the alien was in the US: 62,292 (53%)
This is a good proxy number for H1B for applications filed by students who have studied in the US.

54% of applicants have a master's, doctorate or professional degree. 45% of applicants have a bachelor's degree

43% (a minority) of applications are from Computer Related Occupations

Median salary for H1B in computer related occupations: $60,000

Median salary for H1B in computer related occupations for initial employment: $50,000

Median salary for H1B in computer related occupations for continuing employment: $68,000

This proves that H1B employees have the power to negotiate raises and secure better working conditions as the median compensation for continuing employment is 36% higher than that for initial employment.

After seeing this data and considering the definition of median compensation, I think a good way to approach the problem of fraud is to audit all employers paying 5% below the median for the occupation.

For e.g. if the employer happened to fall into the low compensation bucket for FY 2005, then all applications from that employer for FY 2006 would face greater scrutiny.
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fatjoe
10-12 01:41 PM
Hi Kewl:
Thanks for you encouraging email. My senator's rep. said that my case was assigned to an IO on Sep 21st. Are you sure that it takes 10-30 days(only) once the app is with an IO? May I know how are you so sure about this? Did any NCS rep tell you this time-frame? I only hope what you said comes true.
Also, I have sent 7001 late last week. Is there a # to contact obmudsman's?
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amitga
07-18 08:22 PM
Lou Dobs is going to talk about immigration legislation burried in defence spending bill (which is under debate now) now. He just mentioned that there are pieces of 'Amnesty' legislation in the bill and he is gonna talk about it.

If anyone has DVR please record it and we can disect it and post it on you tubes.

I also heard the same thing. It is not clear if whole immigration bill has been attached to defence bill or only illegal immigrant part of it.
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pd_recapturing
11-18 02:24 PM
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.

Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

Thank you for your cooperation.

Sincerely,

CIS Ombudsman
(cmp)
Hi gc4me, Can you please open a new thread that you have got a phone call from Ombudsman. People will see the thread and will get more motivated. If you think, it will not help, please ignore.
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simple1
06-10 01:47 PM
Sorry to hear it.

Quick question:
Aren’t intra company transfers supposed to work primarily in sponsor company locations?

I heard they can serve and visit clients, but can they be based primarily in client’s location ?

Hi Guys,

I am pretty new to the forum (as a member), I have been browsing the same for quite some time and found it a good source of information regarding immigration related activities. Right now I am getting removed from my project as one of the top 3 Indian outsourcing firm is dumping their L1 resources at my client site and replacing all the citizens, GCs, EADs, H1 etc. These resources are used in projects managed and controlled by my client (most of them are consulting assignments) and these resources are used on java/.net/oracle projects, these two are violations of L1 visa restrictions set by USCIS, I want to know how and where to complain against this violation and we have all evidence to prove the same (project documents, time sheets, work assignments etc). Please let me know exactly and to which agencies we should complain.

Thanks in Advance,

Srini
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brshankar
08-07 11:47 AM
Ok guys, I got a bunch of red dots.. what more can you expect from people whose comments are as below...
********************
bitch, wtf "Rolling_Flood"

stop making dumb arguments. if you don't like this thread stay away from it.

you have no clue who gives you reds and greens, don't presume. plenty of people quietly read and can spot out the rubbish. and no one can give two reds in a row, so i'm another person. Glad to see acceptance finally that PhDs are being disadvantaged

****************************

1. Rolling_Flood, with this temper I am sure you are going to piss off your lawyer with whom you would be working (if at all you do..) on getting portability removed.
2. �if you don't like this thread stay away from it. Lots of people disagree, that does not mean that only people who agree with you can post here. Also, how will I know if I am going to like the thread or not without visiting it?.


NKR Dude,

I give you a green.

Some guys dont have the guts to come out openly in the forum to accuse us because they know that they will be banned by moderators. They just give us red dots and call us all sorts of names like moron and ....... in private.

Everybody has the right to disapprove a post but they have no right to use bad language.

Hope these guys understand this is a forum for good cause and they are misusing it.

Thanks
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08-26 11:51 AM
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It gives the customer a home phone too. Remember not every household functions with only cell phones.

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bestofall
09-30 05:52 PM
Guys

please report your Approvals in this thread . wish you luck for EB2 / EB3 guys whose PD s are current in October 2009

“If you think IV as an organization, IV’s leadership team and many members who donated their time and money were in anyways helpful in your GC journey, please consider making a “Thank You” donation to IV. Also, keep visiting IV and support your fellow immigrants stuck in this GC queue” __________________
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SunnySurya
11-03 03:03 PM
All,

This is a non issue now for all practical purpose because of recent Job Zone change for Computer Information Manager.
The porting to begin with was unethical in our mind and we took a stand. We were challanged by several people on this forum but they did not realize the extent of our convictions.
Unlike others with their lawsuits Ideas, in this case we did follow up on this issue by contacting DOL in early September with our greivance along with a famous lawyer on our side. Enclosed is our letter to Secretary of Labor Elaine L. Chao and other senior officials. We would like to think that our effort has contributed to the recent change in the Job Zones for Computer Information Manager, as that was specifically mentioned in our letter.. This was not exactly our intention as we just wanted DOL to put some more control around the labor certification process especially for the ones who already have a labor approved. Hence our apologies for the unintended consequences of this effort on the future applicants.
Thanks to these members who actively/morally supported us.
GCtest, abhijitrajan, Abhinaym, computer_gig, django.stone, jindhal, jonty_11, kalinga_sena, Karthikthiru, kevinkris, Leo07, newbie2020, nilendu, pmb76, prioritydate, rahulp, Still Waiting, vkannan and several others

Note:
We have further indication that any research position may be upgraded to Zone 5.
US educated may be viewed favorably espeicially in non IT engineering positions




There is a difference between laws and regulations. Laws are what in INA (Immigration and Naturalization Act) and Regulations are what in CFR.
It takes congress and senate to change laws where as it takes discretion to change regulations. And the good news is that discretion can be challenged.
There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
http://immigrationvoice.org/forum/showthread.php?t=20669
The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used. Our primary point is that the spirit of law has not been upheld.

Following are the steps in making this a reality:
a) Gather around 50 people
b) Develop and finalize draft of the case. Rolling_Flood has a initial draft.
c) Hold initial consultation with a lawyer.
d) Decide as a team if we want to continue.
e) File a class action suit
Not sure what is the total cost but given the years of wait and uncertainty $500 per person should be reasonable. I will also create a yahoo group to start these discussions.

Notes:
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.
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americandesi
03-26 01:52 PM
Q: Why does budget come in to picture here?
A: Because policy requires the legal dept to be consulted for visa holders and EADs which means additional hiring costs plus time.


This is plain stupidity. These employers should first take a good look at an EAD and a GC. As far as work authorization is concerned, both these cards provide us with the same rights. The EAD says “The person identified is authorized to work in the US for the validity of this card” where as the GC says “The person identified by the card is authorized to work and remain in the US”.

So why does the legal department come into picture here? Is it because of the expiry date associated with EAD’s? If that’s the case even a GC has got an expiration date (a later date maybe). Does that mean that an additional budget is required to hire GC holders?
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SunnySurya
08-07 06:19 AM
Easy for you to say as u already got your green card.

I could not resist from writing this post-[I]

Concentrate on action items and work harder than ever, which can bring a great relief to entire EB community. It does not matter how many times we failed or succeeded, every attempt we are an inch closer to our ultimate (IV) goal.
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logiclife
12-31 07:19 PM
US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that

http://www.flight-capital.com/

This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.
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diljit123
08-19 10:57 PM
i wanted to share that i have recd by email confirmation regarding the GC production from USCIS (Aug 18).

I was, in fact, waiting for my fingerprinting notice - since my last one was couple of years old. My lawyer had written to USCIS to review the case and requested to send us a FP notice.

But what i got was GC production email for both me and my wife. My journey on H1b that started on Nov 99 has finally ended!!!:)
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InTheMoment
10-06 01:34 AM
To know the reason for that you simply have to see past visa bulletins to know how long 2001-March 2004 PD's have been current... the answer is: for a long time in late 2007 and mid-late 2008.

Hello everybody,

I was just wondering why only the people (Eb2-I) with priority dates from 2004 get their I-485 approved? why dont people from 2001, 2002, 2003 dont get their I-485 approved?.....just curious to see how does it work?
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Rajk
06-16 01:34 PM
That is your receipt number. In my case, the A# is in the box that has the name of the beneficiary.

Ams

I do not have any number in Beneficiary box.

Does that mean I do not have an A#?

Is this an issue?

Will appreciate your response.
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h1techSlave
04-17 09:41 PM
In technology field, your trump card is your superior knowledge in your field. If you are very thorough in your area of expertise, employers would anything for you.

After numerous job searches and process I have been associated with, I have found following things:

All skilled people get the job they want. Hiring process in US is very slow and if you hold your ground eventually employers agree to your demands. I understand that the applicant here wants to work for capital 1. However, I would not advise on confronting an HR person directly. That may play against your long term interest with the company. Listen to whatever HR says and just thank them and say if there is any future opportunity you will be willing to consider.

After that report the matter to DOJ. Do not come across as someone who is creating trouble for employer. You will make your case difficuilt for future opportunities with that employer. AOS, 485 are all temporary things but you and capital 1 are staying there for ever. So report such cases without employers getting any hint of who did it.
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sri1309
03-12 03:15 PM
Sri,
It is already there in change.gov. I have created long back in January and there were 470 votesup for that idea. I think now that will be in the President's desk. Only thing now we have to do is accelerate this so that it again reaches the Congress.

Sarala,

Not a good answer( but I reallly appreciate your frankness and I know you do speak for most of us here) and I have been doing exactly like this before 3 months. We must keep writing again and again and again. And make as many as we know also do it. It was when someone in this forum told me that I realized this and now I do it every week on change.gov. I write every week.
Obama will not come to you or me and tell us "Nice letter Sri, I read it and am acting on it". He gets 1000s of these everyday and in this economy and everyone wants to write to him., well except us who seems to have some comfort zone. we dont realize till its too late, and when it is, we create a new thread called " I got a pink slip yesterday". No offense,but we must act when we can, and before its late. Pink slip is more painful when you are on H1 than on GC. Right??.
Most of our folks (EB3) as it looks like want to wait.. scared to raise.. but dont realize they can contibute and help the economy.
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08-27 01:03 PM
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ganguteli
06-15 10:02 AM
l1fraud if you find fraud , report it.
If you are scared of losing your job, then find another job.
If you are worried about getting replaced, then upgrade your skills and get competitive rather than crying about it.
If you are not happy with your salary in your profession and then people will get $5/hr due to outsourcing, then change your profession and accept globalization. You racist good for nothing folks had it good for very long. Do not expect $100/hr for HTML coding anymore.
If you want to launch a crusade against it, then how about openly declare with your name , phone number, address and start your website against it.

If you cannot do anything other than whining anonymously, then join loser's guild and stay a coward. (I guess you are already)
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factoryman
06-18 06:23 PM
Biographic Information. Please read the form and the instructions in the www.uscis.gov (http://www.uscis.gov)web site. Good night.

Why do we need 325A?- i thought this was for people in illegal status. Our son entered the US on valid H4 visa. Also do we need to request in application to attach the file to mother or anything like that. I will give the USCIS a call and share that information here if I find anything more.

thanks
krishna
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