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  • youngindia
    06-08 01:27 AM
    Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.

    H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.

    When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.

    The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
    As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.

    Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.





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  • amsgc
    04-12 12:49 PM
    As someone mentioned - Do not Lie.
    Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.





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  • snathan
    02-10 11:50 AM
    Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?

    It will come only for I-140. You will get the approval in Perm.





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  • obviously
    08-04 11:05 AM
    Hi, can someone help crack this puzzle?

    I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

    In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

    The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

    The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

    Now, he just called saying he is confused and not sure!

    His views:
    - There is no formal way to find out if the new I-140 was matched up with the old I-485.
    - He says he will ask his peers and will also call USCIS Customer Service.
    - He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

    Appreciate any inputs!

    Cheers!



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  • Suva
    04-17 01:43 PM
    Hello Frnds,
    I would like to share some important information regarding AINP.

    AINP Strategic recruiteement stream -U.S Visa holder is open.I directly spoke to the immigration officer.The only change is they are revising the NOC List thats it.I donno why people place messages with Half Knowledge.see u r Noc is in the below URL

    WWW.ALBERTACANADA.COM\AINP

    OP already mentioned the change was expected in the NOC list [On-Demand occupation list of Alberta]. Nobody told it would be closed after April 15. Did you see all the postings here before blaming others?





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  • rheoretro
    09-25 04:37 PM
    I think we can get some financial support from Housing Market !

    Facts:
    ------
    The housing market is slowing down significantly and there are millions of unsold homes out there.

    More than 1/2 million people are stuck in the green card process. I am sure
    most are waiting for green card before they buy their house and make longtime commitment.

    I think we are a "Frozen" pool of customers for the Housing Market.

    500000 H1B X 200000 (average house price) = 100 billion dollar market is just
    inaccessible just because of retrogression.

    I think we should convince them to help us FINANCIALY.
    Please IV Core members take this idea seriously and at least
    SEND A LETTER TO National Association of Home Builders (NAHB) president.

    Thanks for the suggestion. You're kidding, right? And if you are serious, please draft the letter yourself, and good luck getting a response from NAHB!



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  • madras1
    01-27 12:38 PM
    US needs EB1 and Ph.Ds

    Others not contribute as much

    Did you know your tri-valley university Ph.d does not count?





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  • smartboy75
    07-09 12:14 PM
    is'nt an Advanced parol document a re-entry permit ???



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  • eb3retro
    09-22 07:41 PM
    For some reason, I feel that this is just the beginning. Hope I am wrong..





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  • guesswho
    11-12 11:47 AM
    What was your previous status (before 1st oct). If you still have valid visa for say H-4, just go out of country and come back using your previous valid visa. On your return you will get a new I-94 with H-4 status. Then you can apply for H-4 to H-1 transfer (you won't need any paystubs) and you will not be subjec to H1 quota either.

    Ofcourse, I am assuming your previous status was H-4. If it was F-1 or something else, I don't know if you have valid permit to return to that status.

    Hi Gurus,
    It's amazing to see all the good work here! Please keep it up.
    My question is:
    I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?



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  • vallabhu
    01-02 01:53 PM
    I am in my 8th year extension which is ending in April, My attorney think its 100% win case for one main reason

    my labor is filed EB3 Skilled worker

    he mentioned with in EB3 there are 2 categories Skilled and professional

    for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.

    but for eb3 skilled employer has complete discretion of defining edu requirements.

    mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.

    h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled

    his plan of action is to send them evaluations from multiple academies as you guys have mentioned.

    and it looks very fishy from the denial letter

    denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.

    and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.

    I can paste exact content of denial by tomorrow.





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  • wait4ever
    11-09 05:44 PM
    What is wrong with people here ?

    The UK Doctors WON the case on Appeal - the UK courts ruled that the actions by the UK Governments were unlawful.

    People - please no doomsday expressions on these forums if you are so unhappy look elsewhere - I read a post where one poster (Invincibleasian) mentioned that "I hope that they dont flood the US from UK" - well you came here and no one said anything so why this "pull up the ladder" mentality.

    Folks - Remember United we stand ! we are immigrant Employment based workers and in this flat world we are all impacted by legislation equally irrespective of which country enforces them.

    Enough said :mad:



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  • TexasGC
    07-21 03:21 PM
    Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.

    This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.





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  • astral1977
    07-09 11:21 AM
    smartboy75,

    I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.

    AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.

    If in doubt kindly read through the text that you pasted in your message.

    Thanks.


    Source www.immigration-law.com

    07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008

    USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
    Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
    A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
    Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
    A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.


    So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???



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  • Templarian
    11-24 10:02 AM
    No members have written a tutorial for Flex as of yet. Kirupa has said it a thousand times there has to be valid tutorials for there to be a forum (a simple search would have shown this).

    My suggestion write a few well written tutorials on flex specific topics and submit them to Kirupa.

    Also Kirupa is a MS developer so its only inherent that he writes what he knows best... I don't think he really even uses Flash very much anymore, except when he wrote that tutorial about some of the new features.

    Search Results:
    http://www.kirupa.com/forum/showthread.php?t=289365
    http://www.kirupa.com/forum/showthread.php?t=276516





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  • bluez25
    07-15 02:58 PM
    I will keep you guys posted of my happenings....



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  • rangakutta
    02-10 11:24 AM
    Hi ,

    I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.

    Please advise !!!!!!!!

    Thanks





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  • crystal
    02-04 02:42 PM
    You are right only if they dont want to use EAD after they come back. If they use EAD once they come back to USA, then they are back to adjustee status.

    Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.





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  • ch102
    04-04 03:09 PM
    I found this in another website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    "Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"





    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





    akred
    06-08 12:10 AM
    But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?

    I'm sure that is not addressed in this letter because from their POV there is no abuse.

    The Senators are convieniently overlooking the fact that they need to get deadbeat departments like the DOL and USCIS to shape up. And where is their concern for the American worker when they make these departments process massive loads of illegals without providing additional funding?



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