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  • shreekhand
    07-25 12:11 PM
    Some clarifications needed here !

    1.) Data entry is not done by adjudication officers (AO)
    2.) Unless an AO is trained in a particular "production line"
    (I-485, I-765 etc.) they cannot move them around
    3.) Bear in mind AO's have the option to and do work from home too.
    4.) The adjudication rate per past service center reports is
    around 2 or3 cases per hour for I-485


    The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.




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  • perm2gc
    11-03 04:30 PM
    The health benefit is actually indicated in my employment contract as part of my employment package. However, they later informed me that the health benefit is already part of my salary.

    I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?

    Thanks!
    Not Really..Your NCA will have clause that you will not sue/take legal action against employer and you are given time to legal consultation before signing the NCA contract...

    Try to find out whether NCA's are valid in your employers state..For sure i know California does not honor NCA's..




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  • amitjoey
    07-13 05:24 PM
    That means you have no reputation at all :D :D :D .. kidding.

    I think all that means is that no one has given you any reputation point yet.

    Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D




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  • chem2
    07-21 01:23 PM
    i posted the following on another thread back about a month ago. hopefully it will help you. haven't recd any soft or hard luds since the fingerprinting, though.
    -----------

    guys, until yesterday, i was in the same boat as all of you.
    i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
    asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).

    finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
    then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.



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  • rajs
    04-04 03:43 PM
    my case is pending from 2004
    visa numbers for PD are current but still no action on my case
    i dint even get a reply for the enquire i made in Jan 2009
    so for me its like a showoff story by USCIS :confused:




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  • kevinkris
    11-21 03:37 PM
    My friend did the same thing. Not h1 extention but re-instatement of AP to H1.

    It's same as applying for H1 (form 129 etc) but the option you select
    is different.

    Part 2. Information about this petition. * (See instructions for fee information.)

    Basis for Classification (Check one):
    Check 2nd option:

    Continuation of previously approved employment without change with the same employer.




    I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."

    As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.

    Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...

    I have had a valid H1 and AP for a while now and travelled on AP without issues.

    Hope it helped.



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  • yabadaba
    07-21 08:52 AM
    This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.

    We now have a senator to focus our energies on - Dick Durbin.

    How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?

    Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.

    maybe we can send an apple too :D

    sending to sen obama will make sure the issue is played in media because of the presidential coverage.




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  • walking_dude
    09-07 02:22 PM
    My apologies if the post was out of context. Didn't want to open yet another thread here.

    I have only one E-mail id - lobbyday@immigrationvoice.com - which is being used by everyone to send their details for setting up the meetings. I don't have any other E-mail ids with me [ except the volunteer who contacted me]. Which one should I use? Lobbyday@IV or the volunteers E-mail id?


    Could we just keep the focus of this thread to encourage more members to send the information required to setup the meetings on Sept 17th? Your comments may be important and you may have a valid concern, but mixing all the information and individual meeting view-points is going to create a chaos.

    Walking_dude,

    If you have any question, could you please simply send an email? Volunteers working on this effort are working day in and day out and they are not going to come to this thread to read your post and to answer your question. Your post is relevant, but somewhere else. It is not helping what we are trying to do on this thread. You apparently have the documents so that means you know which email to write your comments/concerns.

    Hope you understand what we are trying to say.



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  • vishage
    12-21 11:17 AM
    Will be there for the conf call...:) :) :)




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  • Jaime
    09-04 10:40 AM
    With 100,000 already gone, and with frustrations growing at a boiling point, the pressure being applied upon us will force us onto the path of least resistance. How long before we are all gone? If you are an American reading this, did you know that every other industralized country faces declining population? Do you really want the future population growth of the U.S>to come solely from illegal Salvadorean maids? Do you wnat the high-skilled people to move away to China and India and then see your quality of life deteriorate?

    http://www.sptimes.com/2007/08/23/Business/US_faces_decline_in_s.shtml

    U.S. faces decline in skilled workers
    New study says the wait for a green card frustrates immigrants.
    By Madhusmita Bora, Times Staff Writer
    Published August 23, 2007

    The only barrier stalling Arun Shanmugam's ascent in the corporate world is a small card that would proclaim him a permanent resident of the United States.

    The green card, which isn't green in color, would help him snag the next best opportunity, launch his own company, and enjoy homestead tax rebates.

    So, this year the Tampa software engineer joined a queue of more than 300,000 immigrants vying for the coveted card. But a severe backlog is forcing high-skilled workers to question their American dream.

    On Wednesday, a Kansas-based private, nonpartisan foundation released a study warning that America could face a sizable reverse brain drain unless the government eases visa restrictions, increases the quota and speeds up the process. The Kauffman Foundation said that there are more than 1-million skilled immigrants including doctors, engineers, and scientists competing for the approximately 120,120 green cards issued each year.

    The uncertainty of the process and the imbalance in the demand and supply could trigger a trend of highly trained immigrants returning to their country and moving elsewhere.

    "It's the first time in American history that we are faced with the prospect of a reverse brain drain," said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and a co-author of the study.

    "There are so many business opportunities in Shanghai and Bangalore, why put up with all the immigration crap?"

    Many of the green card applicants are on a six-year H-1 B visa. The non-immigrant work permit keeps them wedded to a single employer. Immigrants who have applied for a green card can continue working on an extended H-1 B visa until the card arrives. But they can't change employers, or start their own companies. Their wait time is open-ended, made longer by a Congress-mandated quota for the visas and severe backlogs in the system.

    Frustrated with the system, in the last three to five years, 100,000 highly skilled Chinese and Indian immigrants have returned to their home country, Wadhwa said.
    In a fiercely competitive global economy, this is the worst time for such an exodus, experts say.

    "Our previous studies document that highly skilled workers accounted for one quarter of all successful high-tech start-ups in the last decade," said Robert Litan, vice president of research and policy at the Kauffman Foundation. "If we send a lot of these people back home, we will lose a disproportionate number of entrepreneurs."

    And the ripple affects are already emerging in the Tampa Bay area.

    "It's a huge problem," said Ray Weadock, CEO and president of Persystent Technologies. "The guys in Washington don't think much and their initial reaction is this will impact Cisco and Microsoft."

    But smaller companies take a bigger hit, because they don't often have the capital to send jobs to where the labor is, Weadock said. Weadock's company, which employs Shanmugam, is toying with the idea of setting up a subsidiary in India.

    Companies aren't the only ones chasing the labor market. Schools and universities are also jumping into the wagon. The population of international students in MBA programs across the country continues to dwindle, said Bob Forsythe, dean of the College of Business at University of South Florida.

    "And the demand for American business schools to go deliver programs in other countries have increased," he said.

    Harvard University and Northwestern's Kellogg School of Management are among a growing number of schools that have a presence in India. At USF, Forsythe's team is negotiating a venture in Romania.

    The visa problems here have encouraged governments worldwide to ease visa restrictions in their countries and nab the high skilled workforce.

    "There's a lot of mention of Canada," said Chandra Mitchell, an immigration attorney with Tampa-based Neil F. Lewis.

    Amar Nayegandhi, a USF graduate and a contract employee with the U.S. Geological Survey, has been waiting for his green card since 2002.

    He may soon give up, he said. The long wait has cost him job opportunities, forced upon him a commuter marriage and restricted his economic mobility. His H1-B visa runs out in February, and even though he can extend it and continue awaiting the green card, he's contemplating leaving the country.

    "I have friends who have gone back simply frustrated with the setup," he said. "I am asking myself if this is really worth it."

    Shanmugam of Persystent Technologies says he, too, will only wait for about a year before considering giving up his spot in the line and heading back to his native India.

    "This is not the only place to be anymore," he said. "You can find better opportunities everywhere."

    By the numbers
    200,000: Employment-based applicants waiting for labor certification in 2006 - the first step in the U.S. immigration process.
    50,132: Pending I-140 applications - the second step of the immigration process. That's seven times the total in 1996 of 6,743.
    125,421: Estimated applicants residing abroad who were waiting for permanent residency status.
    100,000: Estimated number of highly skilled Chinese and Indian immigrants who have returned to their home country in recent years.

    Highlights of Kauffman Foundation reports
    - Foreign nationals are contributing to one out of four of all the global patents filed in the United States.
    - One quarter of all tech companies nationwide and 52 percent of tech companies in the Silicon Valley were founded by immigrants.
    - More than 1-million skilled workers and their families (scientists, doctors, engineers, Ph.D. researchers) are waiting for green cards. About 120,0000 green cards are issued each year with a 7 percent limit per country.
    -Hundreds of thousands of skilled immigrant workers may get frustrated with the waiting process that could be 6 to 10 years and leave the United States. The reverse brain drain could be critical to Americans corporations and hurt the country's competitiveness in a global economy.
    - Immigrant-founded companies produced $52-billion in revenues and employed 450,000 workers in 2006.

    Madhusmita Bora can be reached at mbora@sptimes.com or (813) 225-3112.

    [Last modified August 22, 2007, 23:19:43]



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  • GCKarma
    04-27 07:24 PM
    ...ANOTHER Bill?????? I guess this HAS to be the year with the MOST number of Bills being introduced in House/Senate - Now, it's getting confusing. Which one do we root for? Which one do we ignore???

    Jab upar wala detha hai, tho chappar phaar ke detha hai!
    (Loose translation in English - When it rains, it pours!!!)

    there is no strive in senate....what r they goona debate? I don't think they are going to discuss other than circus if at all they do




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  • Quest99
    09-14 03:30 PM
    Here is my story:

    I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.

    Here is my problem:

    1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).

    I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.

    I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).

    Company B is asking me pay $3000 for some damages and they say that it is as per the contract.

    To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.

    The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).

    The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.

    I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.

    Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.



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  • pappu
    08-22 04:57 PM
    Pappu - Thanks for your reply. I completed my profile. I thot it was already complete. But filled out reamining fields.

    I will call these people in Buffalo to find out if I can motivate them for rally..

    Thank you

    Thanks. Im glad I was able to help one more person come to the rally. If anyone has any issues they should contact the chapter leads or core team. We needed everyone in DC. Only exceptions are for who are unwell, pregnant or anti-immigrants on this forum. If you are neither of these three then see you in DC.




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  • thandan
    03-15 07:19 PM
    Typo fix

    They have also obtained a I-797 for me as a backup which I have not used



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  • dilbert_cal
    07-08 02:19 PM
    The folks who strongly feel that IV should be mentioned should write an email to OH and ask him to change the wording to include IV in it.

    On a positive note, there is extra publicity for the flower campaign. On a flip side, if IV was linked to this post, we would had some more people flow into this website and possible new members and campaigners.

    Finally, as to why he didnt put IV name - being an active reader the past few days of these posts, I've my reasons to understand the possible reasons but since this thread isnt about the why or why not - I'd like to keep this thread to the point of send flower campaign and how we can make it more effective.
    Lets send emails to him and of course, in a nicely worded request to include IV and most importantly a link to IV on his website.

    The above is my own personal opinion and you have a right to agree/disagree with the same. In either case, I'd expect you to reply back in a civilized tone and refrain from any personal and/or vilification campaigns.




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  • BeCoolGuy
    04-13 08:02 AM
    Always speak the truth..!!!

    Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.

    Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.

    Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.

    Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...

    AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.

    Goodluck



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  • vishal
    04-21 03:38 PM
    hi friends,
    even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
    any response is appreciated




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  • nc14
    05-14 09:10 PM
    Thanks Guys, It is very reassuring to hear from you.






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  • binadh
    10-15 03:23 PM
    Just gotta call from the lawyer's office. PERM is approved today after more than 15 months. :D

    Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.

    Original filing - Jun 17th 07
    Query response - Nov 2nd 07
    Approved - today
    Filed at Atlanta service center
    EB2 ROW

    Thanks.




    cahaba
    04-14 12:31 AM
    Thanks all for your responses.
    I will get the ONET job codes and post them over here.

    Also, how do you guys feel about the self employed option? My friend or his spouse can start a company (LLC) and he can part-time and remotely work on some projects while pursuing his current Marketing Manager job. Does anybody have experience or know somebody who has used the self-employed option.

    Thanks.




    Gravitation
    04-13 09:48 AM
    90 days after the Prez signs it, which he should fairly promptly after it's been ratified by both houses. However, all this is moot point -IMO- as the real sticky and unpredictable part is house and senate agreeing on the same bill, etc.



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