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  • lahiribaba
    02-05 11:35 PM
    like minded folks, please post your ideas.
    This time to ombudsman office and to the white house. I have seen no other campaign been so successful like what we did in July 2007 that made USCIS reverse their decision.The whole point of this is to make a point to the ones who have the power to change things.





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  • amitga
    02-08 03:26 PM
    What a waste of numbers.





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  • mbawa2574
    02-18 06:19 PM
    Sorry guys, I misread somewhere.:D

    What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.

    Whenever you talk with any politician , illegal immigration pops in. They just love it...

    I am not sure any of these people understand immigration laws.

    Hmm Is this different from India or any other country ? ...no

    Politician preach what majority vote bank likes...I have no hopes from this anti-business, anti-innovation congress and an inexperienced President. When they started their gig with voting against Skilled Immigrants, I am not sure what else is coming.

    On the other hand- Watch out Obama's economic recovery plans, they punish every person who is successful by virtue of his hardwork and will add debt on US books.. I am sure Obama would be driving out innovation from this country by joining hands with Anti-Captalist and Anti-business lobby.





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  • chanduv23
    09-28 02:36 PM
    It's true that Europe can be a tough place, as can Canada or the U.S. to a newcomer. What is true about Europe is that it is a socialist place, salaries are lower, taxes are higher, racism is stronger, houses are smaller, yet you are also surrounded by beautiful places and there is a lot to do and see. It depends what type of person you are. Some Europeans hate Europe themselves and want to come to the U.S. as much or more than you did when you immigrated here. I'd say Europe is a good Plan B if all else fails here in America for you, and then you can always go back to India or China if you didn't like Europe.

    Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!

    Jaime - you nailed it. People must concentrate on what they have to do. I started this thread for gettting a general perspective, because I seen articles about Blue Card and my dad also told me to look into it.

    This thread has been very informative. Let folks keep blogging their prespectives



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  • amitpan007
    06-06 04:31 PM
    Hi bodhi_tree and amitpan007,

    Were there any LUD's on your application before the approval?

    Thanks.

    No LUDS since 20-JUL-07 for FP.





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  • santb1975
    12-20 07:14 PM
    I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.

    I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice



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  • Guest007
    12-12 12:48 PM
    Guys I have a basic question if filing for 140 and 485 concurently is rule that uscis can change.. why cant they change a rule to file for EAD and AP after 140 is approved. Since these two are seperate all together from 485 anyway, all we need is filing these two. and 485 can filed when numbers are available.





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  • chanduv23
    09-28 03:36 PM
    Good point Jaime... currency strengthening has nothing to do with general career opportunities in that particular country. In short term it is because of interest rate differentials and in long run it is because of multiple factors primarily being inflation and trade balance. Therefore moving to Europe or India (best performing Asian currency this year) because of appreciating local currency does not mean anything as far as your career opportunities are concerned.

    By the time you are settled in Europe (5-10 years), the currency rates may reverse because US would have started exporting more goods to Europe as US goods would be getting cheaper. Euro and dollar zones are mature market based currencies so we can say something about them.

    However, same is not true for India largely because of intervention of RBI. However, look at Japanese currency, over 3 decades it has risen from 600 yen to 115 yen even after intervention of Japanese central bank. This is because of strength of exports from Japan. So it is possible that INR may end up somewhere near Rs. 8-15 if we go by PPP or somewhere in between depending upon trade balance and inflation. However recent reports suggest that Rs. 32-35 is breaking point and Indian software exports will become costlier than simply offshoring to Arkansas or Illinois. Therefore, most likely Indian govt. will step in and avoid dollar free fall against rupee.

    Very good analysis.

    On another note people discuss about excessive war spending and lack of funding for technology and research and innovation and offcourse, lack of motivation to fix the legal immigration mess and protectionistic policy appproach as part of vote bank politics.

    So we have two different perspectives here.



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  • LondonTown
    09-01 08:05 AM
    I am doing my online MBA right now , if you need more info Private message me.

    Are you doing from Aspen?





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  • vandanaverdia
    09-11 12:54 PM
    The road to GC is not easy...
    Support IV & come to DC!!

    Lets get together & support a common cause...
    Go IV!!!!



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  • lotsofspace
    02-21 03:33 PM
    When was the last time DOS moved the dates based on calculations and pending applications ??

    I know this gives a lot of 2003/2004 EB2 India folks a ray of hope. Hang on to it :)


    Of course since there is nothing better to do, we can crunch the numbers and make predictions about when the dates move to what etc. :):) Nothing wrong with it. Gives us some fodder to munch on.

    The folks in the line for a while know, how better these predictions have been in the past.

    Keep your numbers coming :D





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  • seahawks
    10-26 09:58 PM
    bump, action item, please notarize and mail. Please keep this thread active!



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  • shree19772000
    01-16 07:13 PM
    I could see myself or any other desi dude and I have seen people in this situation. Its painful. Myself, I learnt my lesson during the 2000 - 2002 recession and spent all these years preparing for something like this. It was a difficult but I had to do it. I kind of knew that this would happen every 10 years. This time it did not take it 10 yrs.

    By the way, I liked your narration of the incident. I wish I could do it.

    We have very skilled people here and here is my suggestion. Why don't we make a documentary on these stories and the problems we face due to immigration. It will be much better way of putting our concerns before the people and I am sure even the immigration hardliners will sympathize with us if they hear us out and what we are going thru even after being there for 7-10 years paying taxes and doing our due diligence.

    These are my 2 cents and good luck with your job slumdog!





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  • xyzgc
    01-16 05:55 PM
    you buy a house when you don't have your green card, reduced to a single income with a new born, what else is gonna happen? Go buy BMW 3 series if you don't have one. Go invest thousands of dollars in stocks and then cry how your stock portfolio got wiped out (stocks will recover but by that time you'll have sleep disorder). I'm sorry to hear abt your daughter though, its not your fault but everything else is.

    During 2001-3 recession, the time when the valley was hardest hit, one of my friends was forced to go India and wanted to leave his car behind because he came in 2001 and left a year later. People think when they come to the US of A, they fulfilled their life's ambition, not realizing their temporary status and immediately start buying new expensive cars and living it up! In another thread, my recommendation has been to buy a house rather than keep worrying over prices to reach rock bottom, but not unless you are green with a dual income and plans to live long term. How can you pan to live long term without being a resident is something I don't understand..



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  • nixstor
    07-02 10:46 PM
    Guys,

    Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched

    Q. Can we file a lawsuit?
    A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.

    Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.

    I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.





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  • qasleuth
    05-26 07:49 PM
    So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.

    I sincerely hope you are not talking about me. are you ?



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  • Jaime
    09-11 03:54 PM
    For the first time in its history, the U.S. faces the prospect of a reverse brain drain. New research by my team at the Pratt School of Engineering at Duke University shows that more than 1 million highly skilled professionals such as engineers, scientists, doctors, researchers, and their families are in line for a yearly allotment of only around 120,000 permanent-resident visas for employment-based principals and their families in the three main employment visa categories (EB-1, EB-2, and EB-3). These individuals entered the country legally to study or to work. They contributed to U.S. economic growth and global competitiveness. Now we've set the stage for them to return to countries such as India and China, where the economies are booming and their skills are in great demand. U.S. businesses large and small stand to lose critical talent, and workers who have gained valuable experience and knowledge of American industry may become potential competitors.

    The problem is simple. There aren't enough permanent-resident visas available each year for skilled workers and their families. And there is a limit of fewer than 10,000 visas that can be issued to immigrants from any single country. So countries with the largest populations such as India and China are allocated the same number of visas as Iceland and Mongolia.

    Visa Delays Deprive U.S. of Talent The result is that wait times for employment visas currently stretch from four to six years for immigrants from countries such as India and China, and all indications are that these delays will get longer. Based on a 2003 study of new legal immigrants to the U.S. called the New Immigrant Survey, we estimate that in 2003, about 1 in 3 professionals who had been through the immigration process either planned to leave the U.S. or were uncertain about remaining. Media reports and other anecdotal evidence indicate that many skilled workers have indeed begun to return home.

    Much of the current public debate on immigration centers on concerns over low-skilled immigrants entering the U.S. illegally. We do need to develop fair policies to deal with this problem. But skilled immigrants who enter the U.S. legally are a different issue. Professor Richard Devon of Pennsylvania State University estimates that in the U.S. about $200,000 is invested in a child by the time they gain a bachelor's degree in engineering. That means that the U.S. gains billions of dollars in benefit from educated professionals who leave other countries to come here. And we lose billions when they return home. Additionally, we end up training highly skilled workers in our markets, technology, and way of doing business.

    Consider this: Earlier research by my team found that more than half of the engineering and technology companies started in Silicon Valley and a quarter of those started nationwide from 1995 to 2006 had immigrant founders. These companies employed 450,000 workers and generated $52 billion in revenue in 2006. Their founders tended to be very highly educated in science, technology, math, and engineering-related disciplines, with 96% of them holding bachelor's degrees and 75% holding master's degrees or PhDs (see BusinessWeek.com, 6/11/07, "Immigrants: Key U.S. Business Founders").

    Patents: Evidence of Entrepreneurial Activity We also uncovered some puzzling data on patent filings. When we analyzed the international patent database maintained by the World Intellectual Property Organization (WIPO), we found that 1 in every 4 patent applications from the U.S. in 2006 listed a foreign national residing in the U.S. as an inventor. This number had increased threefold over an eight-year period and didn't take into account inventors who had become U.S. citizens before applying for a patent.

    We realized that these foreign-national inventors were not likely to be from the same immigrant group that was founding high-tech companies. They were likely to be PhD students and employees of U.S. corporations who are in the U.S. on temporary visas. Temporary-visa holders can't easily start their own companies�their visas require them to work full time for the company that sponsored them.

    For our new research, we reanalyzed the WIPO patent database to look at which immigrant groups and corporations were applying for the most patents. To understand the foreign-national data, we examined extensive information published by the Homeland Security Dept., the Labor Dept., and the State Dept. We also reviewed the New Immigrant Survey to gain insight into the immigration process and to examine the potential that, even after becoming permanent residents, skilled immigrants might return home.

    Here is what we found:

    � Foreign nationals contributed to more than half of the international patents filed by companies such as Qualcomm (QCOM) (72%), Merck (MRK) (65%), General Electric (GE) (64%), Siemens (SI) (63%), and Cisco (CSCO) (60%). Their contributions were relatively small at Microsoft (MSFT) (3%) and General Motors (GM) (6%). Surprisingly, 41% of the patents filed by the U.S. government had foreign nationals listed as inventors.

    � Foreign nationals contributed to 25.6% of all U.S. international patent applications in 2006, but the numbers were much higher in several states such as New Jersey (37%), California (36%), and Massachusetts (32%).

    � In 2006, 16.8% of international patent applications from the U.S. had inventors with Chinese names and 36% of these (or 5.5% of the total) were foreign nationals. Similarly, 13.7% had Indian names and 40% (or 6.2% of the total) were foreign nationals.

    � Both Indian and Chinese inventors tended to file most patents in the fields of medicine, pharmaceuticals, semiconductors, and electronics.

    Our analysis of the immigration data produced the most startling results.

    "Immigration Limbo" We estimate that, as of Sept. 30, 2006, there were 500,040 individuals in the main employment-based visa categories and an additional 555,044 family members in line for permanent-resident status in the U.S. An additional 126,421 with job offers were waiting abroad. In total, there were 1,181,505 educated and skilled professionals waiting to gain legal permanent-resident status.

    In the 2005-06 academic year, there were 259,717 international students in the U.S. There were an additional 38,096 in practical training�many of these are PhD researchers.

    One thing is certain: If we wait five years to fix immigration policy, the unskilled workers will still be here, but the skilled workers who are in "immigration limbo" will be long gone. Our loss will be the gain of countries we are increasingly competing with in the new global landscape.





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  • indrachat_75
    05-15 05:11 PM
    Hi,

    One of my friend needs some advice :

    I am in Company A on L1A. Client (Company B) wants to hire me on H1-B. Can I do it now ?

    Please advice.

    Indra





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  • the_googly
    11-13 11:09 AM
    Not sure if we can conclude that there has been NO spillover. The dates have not moved back (retrogressed). You need more visa numbers than the quota - even to hold the dates. The only way to find out is to get the pending visa numbers report.





    zuhail
    03-11 09:27 PM
    Before starting new fund raising...do you consider to contribute for the current drive.

    Yes, I contributed $200 to the current FOIA drive (Receipt Number: 0204-6911-0775-0614).
    In future, please send queries of this type to my personal mail box,
    so that the main message/discussion of this thread is still about re-capturing visa numbers.
    Thanks.





    seeker999
    08-11 03:11 PM
    Based on the members in competeamerica . I honestly believe they will give a damn about GC. Simple reason is they will loose their reigns on us.

    More practical is someone in IV EB3 talk to some lobbyist or politcians and figureout how to push this. Especially the ones in DC.