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  • amsgc
    02-23 09:22 AM
    Vroapp,
    Thanks for sharing your thoughts!




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  • jags_e
    08-30 02:58 PM
    There is a main article on the reverse brain drain in EE Times and it mentions the IV's September 18 rally too.
    The link is http://www.eetimes.com/news/latest/showArticle.jhtml;jsessionid=314X3PTACJUWMQSNDLOSK HSCJUNN2JVN;?articleID=201802703

    EE Times: Latest News
    Green-card red tape sends valuable engineers packing
    Disenchanted with life in immigration limbo, San Antonio resident Praveen Arumbakkam is abandoning his American dream and returning to his native India.
    A senior programmer at a fast-growing IT company, Arumbakkam volunteered for the Red Cross in Texas after Hurricane Katrina hit in 2005. He worked on disaster recovery management software to locate displaced persons, track donations and organize aid distribution.

    He had hoped to start a nonprofit disaster recovery management solutions company in the United States, but now he's decided he doesn't want to wait any longer for his green card.

    When professionals such as Arumbakkam give up on the States, it creates serious economic consequences, said Vivek Wadhwa, lead author of a study on the subject released last week.

    "We've set the stage here for a massive reverse brain drain," said Wadhwa, Wertheim Fellow at Harvard Law School's Labor and Worklife Program.

    By the end of fiscal 2006, half a million foreign nationals living in the U.S. were waiting for employment-based green cards, according to the study, released by the nonprofit Kauffman Foundation. Titled "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," the study was based on research by Duke, Harvard and New York University. If spouses and children are included, the number exceeds 1 million.

    The study looked at the three main types of employment-based green cards, which cover skill-based immigrants and their immediate families. Including pros- pective immigrants awaiting U.S. legal permanent resident status but living abroad, the numbers hit almost 600,000 in the first group and almost 1.2 million in the second.

    The number of available green cards in the three categories totals approximately 120,000. "If there are over a million persons in line for 120,000 visas a year, then we have already mortgaged almost nine years' worth of employment visas," said study author Guillermina Jasso, an NYU sociology professor.

    The report also notes that foreign nationals were listed as inventors or co-inventors on 25.6 percent of the international-patent app-lications filed from the United States in 2006, up from 7.6 percent in 1998.

    U.S. companies bring in many highly skilled foreigners on temporary visas and train them in U.S. business practices, noted Wadhwa, an executive in residence at Duke University's Pratt School of Engineering. Those workers are then forced to leave, and "they become our competitors. That's as stupid as it gets," he said. "How can this country be so dumb as to bring people in on temporary visas, train them in our way of doing business and then send them back to compete with us?"

    Many in the engineering profession argue that American tech employers take advantage of the work visa system for their own benefit. They state that though there is plenty of American engineering talent available, employers use the programs to hire cheaper foreign labor.

    And others counter the concern that large numbers of foreign residents will depart America. Most immigrants who have waited years for green cards will remain firm in their resolve, given the time and effort they have already invested, believes Norm Matloff, a computer science professor at the University of California at Davis. "People are here because they want to be here," he said. "They place a high value on immigrating."

    But while Arumbakkam wants to be here, he has had enough of waiting. And his story is typical of those foreign-born tech professionals who return home.

    In July 2001, the then 27-year-old Arumbakkam arrived on a student visa to get his master's in information technology at Clarkson University in Potsdam, New York. He has a bachelor's degree from the highly ranked University of Madras in southern India.

    Arumbakkam said he "pretty much loved the society and the infrastructure for advanced education" in the States. In the post-Sept. 11 climate toward foreigners, however, he found it difficult to get work. After sending out countless resumes, he took an internship in Baltimore, followed by a job in Michigan.

    That post didn't bring him any closer to his goal of permanent residency, however. He next took a job in San Antonio and insisted his employer secure him a green card. About that time, the government established an "application backlog elimination" center. "My application went straight into this chasm. I don't know what happened after that," he said. "That was pretty much a blow."

    In 2005, he landed his current job, where he's happy with the work environment and the salary. His employer applied for a green card when the government rolled out an online system that was supposed to streamline the process.

    But since then, with two applications in the works, Arumbakkam has been waiting-and waiting. In the meantime, his work status can't change, meaning no pay raises or promotions.
    Page 2 of 2


    Arumbakkam knows plenty of others in the same boat. In early 2006, he ran across Immigration Voice, a nonprofit national group that supports changes in immigration law affecting highly skilled workers. The 22,000-member organization includes professionals in a wide range of fields, from engineers and doctors to architects. Many have families, and all are stuck in the legal process.
    "I heard horror stories," said Arumbakkam. One is the tale of a quality assurance engineer employed by a midsized consulting firm in Oklahoma working with Fortune 50 companies. The Indian engineer was hired at a salary that was 30 percent lower than he expected. This was in exchange for the promise that his employer would file a green card application. He was told the money would go to attorneys' fees.

    For four years, the engineer asked about his application and was repeatedly told it was coming along. The employer blamed the slow progress on the law firm. In fact, the employer had never filed the application. Finally, the engineer found other work and restarted his efforts to obtain permanent residence.

    In another case, a senior strategic projects manager who has an engineering background and is working for a Fortune 100 company has been waiting 13 years for his green card, Arumbakkam said.

    That manager, also Indian, applied for permanent residency in Canada at the same time he applied for it in the States. After 18 months, Canada offered it to him and his family. His wife and children moved to Vancouver, B.C., where he visits regularly while waiting for a change in his U.S. residency status.

    Indians in the United States often have too much trust in their employers and lack knowledge of resources that could help them understand their immigration options, Arumbakkam said. He plans to attend an Immigration Voice rally in Washington on Sept. 18 to urge congressional action on immigration.

    But he isn't optimistic. "I just feel that I'm getting pushed further down as far as my career is concerned," he said.

    ...................




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  • sledge_hammer
    06-29 11:37 AM
    ^^^^




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  • indyanguy
    02-01 07:32 PM
    Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?

    Yes, for EB2 that will work. Only MS+2 or Only BS+5 will also work. But the prevailing wage would be different for each one of these.



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  • Eternal_Hope
    02-08 08:48 PM
    There are two aspects of free trade - free flow of capital and labor.

    Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
    1. Labor flow to where the work is (from developing countries to developed countries)
    2. Work transfer to where the labor is (outsourcing)

    Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.

    Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.

    Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.




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  • jonty_11
    08-10 12:12 PM
    concentrate on IV Rally instead....guys..
    Who has gained any solace from Calling USCIS....
    the tier 1 2, or 3 or Tier N at USCIS know nothing......
    All we know ...there is bound to be delays...ther e will always be a few lucky ones getting receipts and stuff in a months time....but most of us like the GC process itself will be backlogged again....for receipts now....

    I suggest we make IV our horse and ride it to end the problem at its source rather than calling USCIS and hoping for an Update from themmmm

    They would already be pissed at us due to VB July restoration...
    So attack the problem at the source.



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  • noboundaries78
    10-09 06:55 PM
    I am not a lawyer, but this is what I can tell (as far as I know):

    1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.

    2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.

    3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.

    4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!

    Good Luck.

    I just went through a job change with an approved I-140 and can tell you that whatever kodur_007 has stated is true from personal experience.

    Its a rather big pain though but that's the fate of an immigrant(specially I or C) in the US.




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  • Jerrome
    03-10 10:54 AM
    My wife when she went to india did the same. Means Submitted all the i-94 including the one which was with the 797.

    While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.

    When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.


    I had to apply for the extension because i did't have any proof with me for my wife on the i-94.



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  • Tantra
    07-13 09:26 AM
    Or yesterday... we really want to make it a voice of 50k members (to start with!).




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  • gc_check
    06-29 01:46 PM
    Just signing and sending the last page in the 485 which doesnt have much Data .you can save a lot of time. You can verify online the data entry work done by the para-leagl and you are good to go and save couple of days ..i moved to a small firm ( from a over priced attorney ) and he was quite good. My forms are ready to pickup by Fedex in the evening from Attorney's office

    Well you have a option to hire your own attorney and get things done the way you like.... But, In my case, like many other I have to get my paper work done by the immigration attorney's part of my company in-house legal department and they are pretty good at getting things done, but not at the time farme you want to get things done.

    In my case all the documents must be sitting at my attorney's desk with all the requried docs, etc.. They just need to attach the employment letter, checks and review/ship it... But have no clue when this will be done. Hope it is within the first week. Just got one email that they understand the urgenecy and will do at the earliest. No other updates.



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  • eb3_nepa
    04-29 08:35 PM
    Where did you get this info? Could you please point out a reference that says so?

    Good point, is that really against the law?




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  • hazishak
    11-03 01:07 AM
    What do you guys think? USCIS will listen whatever IV says? Also NSC received more applications than other service centers. So it is reasonable for NSC to be behind.

    Admins/Moderators:

    Can this be taken up with USCIS???

    Thanks



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  • Singer
    11-22 08:33 AM
    Hello VictimOfGc,

    Thank you for your first reply.
    I gad lost my password and read your previous post only yesterday.

    As you know, the decision of denying my husband's and mine I-485 could not be not appealed. I have also never stated the uscis denial reason, as I did not have it when I posted my question. They have stated that we had traveled abroad without Advance Parole, so they were considering that we have abandoned our GC petition. We came back to the country with my O-1 visa and my husband O-3.
    The first problem raised by a friend of mine lawyer (I did not have a lawyer retained anymore) was that uscis violated my constitutional rights. They SHOULD have sent me an official letter back in August stating that they were reopening or intended to reopen my 485 case! Nothing was sent. Beside my I-140 and my RFE on the I485 I did not receive anything else. So even if legally they were "right" to deny my 485, uscis has comited SO many mistakes on my case that I have been told they could let it slide on this one.
    From that moment on I have decided that I will fight them till the end and that I would not pay them one cent! Because at the end of the day, it is all about money and more money in their "crooks" pocket. I contacted my Congresswoman, my Senator, and a Congressman from another state than mine. I had gathered all the proofs and all documentations for the last 3 years and posted them on a server, so everyone involved could review them. Those three elected officials called them and spoke to uscis congressional liaison. This went on for two weeks.

    Friday the 13th we received our green cards!




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  • hebbar77
    02-12 05:27 PM
    Thanks! Hope all will do it.

    I guess most of us dont want to take the pain of "mailing the letters"

    How abt someone obtains online authorization to mail letters on members behalf.
    I mean members authorize mailing a letter on their behalf by IV.
    !?
    Question is asked when they sign in... or login to the website!



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  • krustycat
    10-30 10:00 AM
    No activity at all




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  • waitingGC
    03-21 10:58 AM
    My wife will apply for H1 this April. I also have some questions:

    1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?

    2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?



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  • eb3retro
    03-17 11:07 AM
    Just contributed $100.00. Will contribute more in Future...!


    thanks to all the people who made this happen and special thanks to the team who went to Washington for our cause.




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  • desi485
    07-28 05:45 PM
    if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...

    Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.

    sent recently to lawyer, may be still on the way to NSC. His current EAD expires by last week of september. This leaves window of less than 60 days. I am sure there will be so much of workload as all JULY Filers would be renewing the EADs.




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  • Dhundhun
    07-12 02:35 PM
    The application was received on 7/10 and the checks were cashed today - How will you receive the resceipt number ? Would it come in the mail?

    USCIS will sent you receipt. If you do internet banking and can see your check, on reverse side of check, they stamp with detailed infromation. If you can access that you can find it.

    Yesterday I picked up receipt number for my son from check, who applied OPT/EAD in CSC.

    Otherwise wait for few more days to get receipt.




    hazishak
    11-03 01:07 AM
    What do you guys think? USCIS will listen whatever IV says? Also NSC received more applications than other service centers. So it is reasonable for NSC to be behind.

    Admins/Moderators:

    Can this be taken up with USCIS???

    Thanks




    Pagal
    10-31 12:20 AM
    Hello Number30,

    For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

    You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.



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