Sunday, June 19, 2011

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  • cgs
    11-22 02:54 PM
    I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.

    And how about the job title mentioned in the both petitions, could it be different?

    For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
    Please correct me if I am wrong.
    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





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  • SunnySurya
    07-03 09:28 PM
    May I suggest the following reservations:
    20% Other Backward Countries (OBC)
    15% Scheduled Countries (SC)
    15% Scheduled Territories (ST)
    5% Kins of the armed forces
    Remaining 55% for Highly Skilled people





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  • goan2005
    09-26 09:22 AM
    CNN HAS CORRECTED THE ARTICLE NOW!!!!!!!!!!!!!!!!!!!!

    WOWWW. THANKS IV.

    Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
    I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.

    http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606





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  • Libra
    09-28 10:07 AM
    ateast we have laws here to protect us from racism and hatred, i dont have personal experience but my cousin who lived 3 yrs in middle east and 2 yrs in europe and currently living in US says US is better than those countries to live.

    so lets fix the system for us and live peacefully.



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  • abhijitp
    07-25 12:43 PM
    I think its arguable. The 6 months clock is defined by law. After that even if they issue an RFE on the old employer, assumption is ofcourse that your with a new employer, you can send the new employer's offer letter / AC21 invoked. so it shouldn't be an issue. USCIS can ask about the offer letter from the old employer as intial evidence, so have it available and send it later + new employment letter.
    Thanks everyone for replying.
    Good point, it is worthwhile pursuing the matter and getting the EVL as initial evidence. All I ask for is transparency, so if they tell me to sign a bond for this purpose, I am happier than if they beat around the bush and evade the issue!





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  • ndbhatt
    06-10 08:19 PM
    Guys,

    Don't fire up on my comments given below.

    I agree that ALL of us irrespective of EB category will be impacted if this proposed bill becomes a law.
    Just step back and think for a minute, what is the impact on the US companies due to inability of his bright workers to continue working in US? Will US businesses sit tight without raising any concerns? No way...
    This is just an eyewash to get political mileage. No matter what degree of love-hate relationship exists between voters and politicians. Certainly, political power cannot, and never will, have a brazen bill such as this, that will hurt American economy more than anything.
    Let's assume for a moment that hypothetically this becomes law...
    What will we do? Some of common options:
    - Move to immigrant friendly country, OR
    - Return to mother land, OR
    - Company will move its operation, and you, to continue its operations, OR
    - look at alternate legal ways to stay in this country until situation changes, OR
    - Become undocumented alien :D

    Guys, we still have options but US of A has too much at stake to make this text into a law.

    Please don't get me wrong, I am in the same boat as all of you. It's just my 2 cents.

    bhattji



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  • map_boiler
    07-05 05:30 PM
    Guys, please contribute to IV. I just did today, and believe me, you will feel better for doing so...

    This is not just for you and me, but also for those who will come after us. Also, this is not a battle just to sue USCIS/DOS, but a war we need to fight on multiple fronts:
    1) First and foremost, we the immigrant community need to join hands and fight as one cohesive group.
    2) Sue the government agencies for damages/violation of law/precedents due to the revised visa bulletin
    3) Get this matter the attention it deserves in the media
    4) Try and get congress to intervene in this matter, and also introduce and pass legislation that will fix the broken employment based immigration system
    5) Request corporate sponsorship. Since employers spent money on this fiasco as well, they will have a vested interest in pursuing this as well.

    The main thing, however, is funds. IV needs funds to fight for us. Each of us has already spent 100's (many even 1000's) of $ trying to get ready to file our I-485's. So even if 10,000 members contribute just $100 each, it will be $1 mil. I am sure each of us can at least spare that much. It is a small price to pay for liberation from this GC mess for all of us....

    With ~15,000 members already, and hopefully some serious $$$$$$ raised, IV will be a force to be reckoned with. No one will be able to treat us with such utter disdain ever again...





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  • mchundi
    07-24 10:32 AM
    To the core group/Senior Members,

    If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

    Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

    Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

    Any thoughts ??
    In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
    It might be tough to push them to take a decesion like this.
    On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
    --MC



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  • pappu
    01-10 12:48 PM
    Some people are already doing our job.
    http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
    This shows that we have anti immigrant members and visitors amongst us looking for IV updates and our actionplans. sometimes such people pose as annonymous users and contact IV asking for updates without revealing who they are and doing anything constructive for IV. We try to be cautious in such cases. Its good that they quoted us as it shows that we are a force to recon with.





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  • srikondoji
    07-04 08:58 PM
    Rambha:
    First hats off to you to source information and then put it on this forum.

    However, how will this mistake be rectified?
    What happens to us who have spend so much money on preparations?
    Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
    In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.

    I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.

    In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.



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  • Jaime
    09-11 12:33 AM
    - We don't want anything for free, or to "cut the line", we just want our green card applications to go through a Fair system

    - We don't take jobs away from Americans, we make more jobs for Americans

    - We don't need our employers to woo us with cricket fields or good jobs in Vancouver, we just want the right to exist! (Green card)





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  • forever_waiting
    02-11 05:17 PM
    Just a friendly thought from a co-member, If you are motivated to attend the advocacy event, why dont you consider sponsoring your travel? We should try to keep the donated miles/hotel points for on-the-edge members who we will have to try convince at the last moment when we closer to April.
    Motivated members who believe in this event should come forward and sponsor themselves and consider it as a contribution to the event. We are not doing anyone else a favor by travelling to DC - this is for our own good.

    -Attending the advocacy day.

    I will attend the event. I want someone to sponsor my airfare and stay.



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  • TeddyKoochu
    03-12 08:34 AM
    OP thanks for posting the link. I believe for EB2-I in reality we have to wait for the last quarter for anything at all to happen. The next 2 bulletins will also in all probability have no movement. Congrats to all those who became current this month, best wishes and good luck.





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  • newbee7
    07-05 01:56 PM
    Total so far approx. $300.
    Monthly contrib: $20 for over 7 months.



    This purpose of this post in not to boast about my contribution. It is to motivate others who are on the sidelines.
    Please contibute to the best of your ability.



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  • pcs
    07-05 02:13 PM
    They will be happy...

    all the best





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  • sodh
    07-24 10:49 PM
    They are talking about Allien#.
    If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.



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  • sledge_hammer
    10-21 10:28 AM
    John McCain does NOT know how to use a computer. That webpage has been designed, scripted and QA'd to specifically get that reaction from you.
    You are trying to steer the argument away from the real issue at hand. Who cares if McCain cannot use a computer/code Java/query an RDBMS!!! That's not what he is expected to do being the President. He needs to make policies and make decisions about good vs bad policies. Yes, there are people that will take his message and put it on the website for him. What's worng with that?

    Do you really believe what that website says? Seriously? You don't think that's a little to targeted towards pulling our heartstrings? With no solid action plan to back it up? Just like a hooker ad on the freeway?
    His action plan has been clearly stated on the website. What more plan to you expect out of him? What has Obama planned for you and me?????

    Just like a hooker ad on the freeway?
    A hooker ad on a freeway? That's the best analogy you can come up with? I didn't know hookers these days made promises to give you a green card in addition to turning tricks. You must be picking them up at the wrong freeway?!?!





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  • PHANI_TAVVALA
    05-12 03:33 PM
    While I wait for GC and chewed up all finger nails, I thought its good time to think about adding a qualification to myself.

    I do not want to spend rest of my life in development. :cool:

    I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)

    My criteria was,
    1) Institutions that require GMAT
    2) AACSB Accredited
    3) Has some sensible ranking in USNews or Financial Times or Business Week
    4) Can be done without leaving current job (occasional visit to universities are fine with me)

    Here are the universities I came up
    1) Warrington College of Business, Florida (USNEWS ranking)
    2) WP Carey, Arizona State University (USNEWS ranking)
    3) Kelley Direct, Indiana University (highly regarded)
    4) Penn State World Campus MBA

    And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)

    Now, can any one suggest or comment or refer to any other college?

    Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)

    I am doing Kelley Direct and would definitely recommend it. The Professors are great and course work feels like your regular full-time load with assignments, quizzes, mid-terms and finals, project works, case discussions and some weekly classes. Most of the professors are very interactive and you can always call them. The teaching faculty is top-quality with some of them having Ph.d's from MIT's and Stanford's. Marketing is considered top-notch at Kelley. Curriculum allows some flexibility and course load can be completed in 2 to 4 year period requiring 1week compulsory on-campus presence in 1st and 2nd year. If you have time, you can also participate in 3 to 4 week clinics for 1.5 credit hours in summers. It is now costing me around $975/credit hour with 48 credits required to graduate. Add to this cost of books at other administration/technology fee which might add upto $5k to $8k.

    I have couple of friends who graduated from Thunderbird too. It is top-notch for International Business but doesnot allow the flexibility to complete at your own pace. My friends were totally tied up with work and course-load for 2 years. It requires somewhere between 51 to 54 credit hours to graduate. It has two compulsory International workshop clinics each in 1st and 2nd year for a period of 3 to 4 weeks. This is partly paid from the fee, while you need to pay for flight tickets and meals. I think the books are included in the $57k+ tuition for this program.

    Kelley full-time is ranked between 18 and 23 depending on which source you would like to use. Its Marketing Discipline is in top10. Thunderbird is not ranked in TOP50 but it's INTERNATIONAL BUSINESS discipline is ranked number one.





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  • acecupid
    07-03 12:50 PM
    I remember there was a proposal to give one Green Card per family to eliminate the retrogression for EB categories. I don't know what happen to that. It was like one year ago or so.

    Thats a wonderful idea. Amen to that!





    msgrewal81
    02-19 12:18 AM
    There is a big Hispanic lobby to represent illegals in Congress. Who is there to represent us and put our amendments - NOBODY. So, best is to either oppose it or die.





    chmur
    02-21 10:18 PM
    I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:



    But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.

    I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.

    is there not a better nuance way to divulge the details without revealing the source.

    What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .

    Please exercise caution



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