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  • lazycis
    12-14 08:15 AM
    There is a clear guideline and it's written in the INA (Tiitle 8 USC 1153). You are correct that is goes from EB1-EB2-EB3 and that unused numbers are lost at the end:
    http://www.law.cornell.edu/uscode/html/uscode08/usc_sup_01_8_10_12_20_II_30_I.html

    (b) Preference allocation for employment-based immigrants
    Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
    (1) Priority workers
    Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
    (A) Aliens with extraordinary ability
    An alien is described in this subparagraph if�
    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
    (iii) the alien�s entry into the United States will substantially benefit prospectively the United States.
    (B) Outstanding professors and researchers
    An alien is described in this subparagraph if�
    (i) the alien is recognized internationally as outstanding in a specific academic area,
    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
    (iii) the alien seeks to enter the United States�
    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or
    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
    (C) Certain multinational executives and managers
    An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien�s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
    (B) Waiver of job offer
    (i) National interest waiver Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien�s services in the sciences, arts, professions, or business be sought by an employer in the United States.
    (ii) Physicians working in shortage areas or veterans facilities
    (I) In general The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if�
    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician�s work in such an area or at such facility was in the public interest.
    (II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154 (b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101 (a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
    (III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154 (a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
    (IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101 (a)(15)(J) of this title) before a visa can be issued to the alien under section 1154 (b) of this title or the status of the alien is adjusted to permanent resident under section 1255 of this title.
    (C) Determination of exceptional ability
    In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
    (3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    (i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
    (ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
    (iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
    (B) Limitation on other workers
    Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
    (C) Labor certification required
    An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182 (a)(5)(A) of this title.





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  • kaisersose
    07-19 02:09 PM
    My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
    They did not even let me file my EAD and AP along with I-485.

    I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.

    I'm sure there would be many in this situation.

    Any thoughts what can be done?

    If they do not show you anything, how do you know your I140 was applied/cleared? How do you know your 485 was filed?

    If we place ourselves in the employer position, almost everyone who can file 485 now is dreaming of invoking AC21 6 months from now. Imagine the mayhem if everyone or almost everyone quits. Many companies which are not direct vendors & where the employees are mostly H-1b will probably have to close shop. Naturally, employers would want to be cautious.

    In your case, since you do not have the intention, you do not need the EAD anyway. At the least, try to get the case number. Even if your attorney does not give it to you, you can call USCIS and get your case number for 485 as 485 is really your application. You can also change the 485 address to yours during the call and then all communication will come to you.

    You can invoke AC21 with your H-1b. That is the preferred method.





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  • sanju
    04-21 11:23 AM
    I am all for abonding H1B, when did IV promoted H1B program, we have this mess today due to H1B and itz loopholes,

    I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.

    H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market

    Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,

    eb3India,

    Are you out of your mind? It is one thing to be ignorant and it is entirely different to be an idiot and foolish. A delay with green card is driving you insane. Please get a grip on yourself.

    No system in the world is 100% full proof. There maybe some problems with H1b problem, but that means system needs to be twicked, not abandoned. People like John Miano are always looking for posts like the one above. So just to win a point you are posting irresponsible comments, the once that could easily be found on any anti-immigrant websites. That’s why you are not just ignorant, you are idiot and foolish. Please post responsibly. It is the least that is expected from a highly skilled person like you.

    If you are not qualified enough and if you don’t add value to your employer, accept it and leave. Why do you think that you are a representative sample of the entire H1b community? There are lots of people on H1 who make their employers competitive and add value to their place of work. They are not driving down wages and your generalization of the entire H1b program to support your idiotic point about “slavery” is WRONG. It seems you have a very low self esteem.

    Delay with green card is not a valid reason enough to throw blame on everything around you, including blaming H1b program. Your attitude is ‘the door shuts right behind me’ and then you find reasons to justify your attitude. C’mon man, get a life.

    On a different note, can you guys do/contribute in any better way than to change the name of the organization? Is that the best WE - THE BEST AND THE BRIGHTEST - THE HIGHLY SKILLED AND TALENATED can do, change the name of the org and expect things to change for us?





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  • cygent
    05-30 08:23 PM
    More power to the IV admins for having to deal with these cretins on a regular basis. And some of them return with new ID's OMG!! Whats up with that??

    e then tolerate members who are disrespectful to others and do not bother about this effort.
    Let other IV members judge for themselves what is right and what is wrong.



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  • GCBy3000
    01-03 05:49 PM
    It will help. I will give you an practical example.

    I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.

    My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.

    The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?

    I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.





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  • pappu
    02-23 10:10 AM
    If any continuing recurring IV contributor (Donor member) gets a 1 year EAD/AP document, let IV know. We will try to help you get a 2 year document from USCIS.



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  • myuname
    07-13 12:14 AM
    Visa Bulletin posted at 2 AM EDT





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  • EndlessWait
    05-30 03:29 PM
    It's because you, me, or any temporary legal immigrant will go back home if some law changes, and new batch of H1 B people will come in to fulfill industry requirement, but for illegal, route from South America is a one way street to USA and no going back. Plus, if temporary legal immigrants leave, US Govt. got to keep all our social security, retirement saving etc. if you think from their angle (US govt.), I guess for them, it makes more sense to legalize illegal (so at-least govt. can get some share of money from their taxes) because no matter what govt. do, illegal are never going to go back.

    After one has been here for 10 yrs. , does US have any Internation tax treaty with INDIA to give back social secuirty benefits or return the taxes back, if one goes back.

    I dont care about GC, Indian govt. must get our social security taxes back. This is a legitimate concern atleast. I guess Indian govt. can take this issue up for sure.



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  • pappu
    08-17 08:29 PM
    /\/\/





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  • pitha
    02-15 09:55 AM
    You are absolutely right. Its almost as if democrats are wishing that CIR will go away. As I said in my previous post last time we had, Arlon Specter, Bill Frist and President Bush pushing CIR to the top of the agenda, the senate literaly set aside all buisness in May to get CIR done. This time CIR is like an untouchable disease nobody wants to touch even with a ten foot pole. Maybe something is happenning behind the scenes, we can only hope something is happenning behind the scenes.

    In addition to the bills you listed below, you also need to consider the time lost in the dreaded confrence between the house and senate when the bills are reconciled. For example the minimum wage increase bill passed by senate comes with some tax breaks wheras the minimum wage increase bill from house does not have any tax breaks. They have to have a confrence to resolve the differences between the bills and revote on it.

    The bottom line is CIR will happen if there is strong will of the congress. Right now you dont see any. Infact congress wants to look the other way when it comes to CIR. They have enough execuses to not do nothing on cir with there preoccupation with Iraq war, the 9 bills listed below etc. Unlike last time no strong man (rather men) is Shepherding it. So best case scenario might be December or Jan 2008.

    As some wise man said "patience is a virtue" and we need tons of it if we were to live to see the day CIR passes :D


    Let’s see, Senate has so far passed Bill #2
    And here are some of the bills in numerical order in which they were listed in Senate

    3. Stem Cell Research Enhancement Act of 2007
    4. Medicare Prescription Drug Price Negotiation Act of 2007
    5. College Student Relief Act of 2007
    6. CLEAN Energy Act of 2007
    7. College Opportunity Act of 2007
    8. Rebuilding America's Military Act of 2007
    9. Comprehensive Immigration Reform Act of 2007

    Also on an average it takes about 10 Business days to debate and vote on bill.

    Lookup at the senate calendar (working days week offs etc)


    Lets assume (when have things gone right for us?) everything goes according to the order listed above. We have 80 days of work before CIR comes to senate.

    Considering that senate takes weeks off (first from Feb 19-23, second from April 2-9). I don’t see how they can start CIR before May at the latest.

    Now they might say some of the bills could be a days worth of work, or not necessary bills will be taken up in numerical order etc.

    But I ask you again. When was the last time we were lucky?



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  • niklshah
    08-28 10:37 AM
    Guys pls stop taking useless info pass appointments. People like me who have not received EAD and may loose the job are not able to get infopass appointments because of all the people taking appt to know the 485 status. Pls understand......





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  • tonyHK12
    04-28 09:51 AM
    "Revitalizing the Golden State" looks great for reading but....

    - Does legalized illegals really pay taxes?
    - what is the possibility that they don't depend on Gov from the day they get their Citizenship?
    - Illegals are here from more than 10 years....do the average age is around 40'.... they may work for 10 more years and then depend on Gov.

    It is a know truth the advantage of giving GC to Legal EB's then Illegals but as you said we need clear message posted....

    We see a lot of these articles every day praising illegal immigration. How about creating a google group with volunteers that will pick up such similar articels and post a rebuttal, either online or through another website?
    The one we discussed yesterday was about how illegals contribute to the economy by paying $1.5 Billion in income tax for an estimated 15-20 million illegals.
    This was estimated from the 2010 Census data.
    We could initially post these rebuttals online on probably a section of the IV website and also send it to other news sites.
    People who are good at parsing excel/MDB, csv sheets will be useful.

    Most people are not aware of our issues and contributions to society.



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  • kramac01
    08-24 11:15 AM
    We got our EAD in the mail today - We are late June filers (29th June) and got our receipt numbers last week, - I have some q's-

    -Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
    -How does one activate his/her EAD?
    -Have any other late june filers already got their EAD?

    Thanks
    Sheetal


    Hi,
    I have a question. Did u see any LUDs in the USCIS website before you got EAD? I got FP notice but i didnt see any LUD change. I am also waiting for EAD.
    My service center is Nebraska. Please reply.





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  • talash
    05-09 06:29 PM
    Thanks for ur input friends .My employer called today and opened a service request for denail notice and Attorny sent them note in writing that we didnt get denail notice as of today .I hope that way i can buy some time for MTR.Others employees of the same company who got RFE on A2p continue to get their approvals so i really dont know what went wrong here .



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  • santb1975
    05-31 09:01 AM
    What happens to an employee at any company who has done something positive but has been caught abusing his colleagues a few times. He gets warned by HR first and then gets fired right.

    We have lot of things to focus on to get relief for our community and there is no reason to tolerate this behaviour towards fellow members.

    what abt all the positive remakes given..??





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  • corba
    05-07 07:41 PM
    I am working in IT field. Technology or field does not matter. I have seen people who did MS in US also got 221g.

    My only understanding is If it's a big company, then they are issuing visa, But not guranteed ...

    But for small companies / consultants, There will be a definite query / admin process is waiting for you.

    My case is very genuine... I am working for this company since 2005 and I am the only one H1B employee.

    I got my eb-3 140 approved from this employer only ...

    And my wage is always above the determineed wages in Labor / LCA ...No gap in paychecks ...

    Compnay also in profit mode always ...

    So they approved my h1 extn 2 times in the past and approved my 140 also. Now what the heck they got doubt in the employer ...



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  • webm
    12-19 03:12 PM
    Bit sluggish at the year end, but loads of requirements lined up for January next year.



    Hoping positive on this...In first Q atleast by March,09!! the market will be back from the backlogged IT projects boom..??





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  • go_gc_way
    07-08 10:18 PM
    Thanks for the summary lonedesi, it was very helpful understanding how did the show go.

    My opinion about efforts such as this explaining problems faced by us on public shows like this , it is very much required.

    I thank again all IV core members who participated this show .. another Geat effort by IV.





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  • collkaverill
    09-13 10:58 AM
    Hello all, I know at least some of you are anxious about EAD. So am I. Starting this thread to see what's going on with it.

    This is NOT receipt tracking. Just want to track who got the final EAD card.

    Please include:
    Date you filed,
    Receipt Date,
    Service center,
    If EAD received, date which you received
    If still waiting, Last Update Date

    My/My Wife's case:
    Date Filed: June 29, 07
    Receipt Date: July 25, 07
    Nebraska Service Center (not transferred anywhere, I think)
    Still Waining, No updates since receipt, stated LUD (Jul 28)

    Thanks a lot





    yabadaba
    06-23 06:05 AM
    How are you Yabadaba?

    We missed you.. The other day I saw one of your eloquent posts on a site. Wish to see you here more so that this forum is more lively and useful for others.

    Hi Pappu.. I am always around...i keep doing my share of what the latest action item is.. but kinda am in the background...right now i m in, as united nations once posted in his "stages of retrogression" post, I am at the acceptance stage, that the gc approval will happen when it will happen.

    hope u guys are doing good too.





    snarla
    06-25 01:02 PM
    could anyone please reply ...

    Thanks ...



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