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  • amitps
    09-08 12:07 AM
    Jobs in America is for Americans. If at all it gets outsourced to your country then it is yours. But as long as that job is in my country, I will defend it and not let some Strive or Skill act take it away from me.

    Could do our jobs why would the employers be willing to sponsor our GREEN CARDS and spend '000s of dollars to keep us :confused:


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  • seahawks
    04-12 01:05 PM
    We all understand the EB immigration system currently as is needs to be fixed. We need to recognize this problem first. What I don't understand is most of the people I talk to about issues do not recognize the problem or are willing to accept it as is. They don't seem to be motivated in supporting IV from volunteering or providing financial support. If you look at this forum, take the amount of people who are registered and the amount of people who actually bring tangible value to this organization. What is in those few that we don't have? Let us all recognize that there is a problem first and lets think about ways to mobilize and spend energy in one direction set by IV.

    Yes, we may not agree with every solution, but let us focus and believe that something will happen, if we all try together!

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  • chanduv23
    02-05 10:58 AM
    I have nothing against the staffing agencies whatsoever. I actually like the business model. The laws are generally being followed. There is nothing wrong with it. However, I do ask many of the companies why they only have indian or south asians. Especially if they have indians coming from Germany or Singapore, etc. Common answer I get is that other people have too much restriction. Expectation would be they would have their own corporate apartment, no bench time; selection of projects and no travel. As you know this is a little difficult to accomodate for these companies.

    It generally is being clogged because it is getting around family base immigration. Although there is nothing wrong with that legally; it does hurt the people who cannot have the same accomodation. I know many, many people who have u.s. citizen brother; sponsors parents for greencards, rest of siblings come through staffing agency and then cousins get invited through h-1b and then spouse want to work and then another h-1b gets used. Eventully whole extended family base is here going through employment base when perhaps they should be going through family base. Other country people do not have such luxuries or companies looking to sponsor them specifically. Other country people generally went to school here and then went to h-1b and even then they have a difficult time getting it because they don't have the connection.

    Because of all these workarounds; it is going to cause a lot of people to be here from just certain countries. I firmly believe that lawmakers, uscis know this pretty well (i've actually seen it in an i-140 denial where brother was ceo and sponsoring his brother for greencard) and this is why they don't want to lift country caps. They understand why the visas are being dominated. Pretty tough to get them to change this, if this is the way they feel.

    Yes, I have heard of people using H1b visas to bring relatives etc.... which is not good, but a good system in place and strict enforcements will make sure someone is not misusing h1b visa. ie as long as employee is highly productive and gets good salary, it is fine, but if visa is beng used just as travel document, then it is an issue.

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  • BraveMadMan
    07-17 10:23 PM
    Thank you for everything you have done for LEGAL IMMIGRANTS!


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  • Humhongekamyab
    08-22 03:54 PM
    True...Sean makes up these associations in dreams and in the morning he spits them on FOX news...

    Yes Leoindiano you are right; you are a great immigrant too.

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  • Shipras
    04-16 04:00 PM

    I'm currently holding H4 Visa and I'm completing my MS degree in June 2007. Am I eligible to apply in Advanced degree (or Master's degree) quota for H1 visa once I graduate?

    I want to know if one has to be in F1 visa to apply in this category? Please help...

    Thnaks & Regards,


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  • Sherman_tribiani
    09-07 11:26 PM
    Yes, we all shall see. 10,000, lol. I laugh at your post. A good laugh before going to bed is always good.

    Friend - Why don't you wait till 9/18 and have this discussion. Oh, hold on, by that time, the rally will be a huge success and you won't be around here to show your face. Strength is in numbers and you will see the power of immigrants on 9/18. If we could reverse a visa bulletin with a rally of 350+ members and couple of hundred flowers, we will be headlines with 10000+ rally. This is going to be a historic event and why don't you take our side and be part of history instead of being an anti-immigrant cry baby.

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  • frostrated
    08-14 12:08 PM
    Hi Guys.. need someone to answer my question, if possible. Thanks in advance.

    My PD is Sep 2004 ( EB2 India ) and I was also July 2007 filer, and also the victim of my 485 being closed by USCIS nebraska in May 2008, which anyways got reopened within a month after supplying necessary documentation ( Approved I140 and moved to new company etc ) . I work on an EAD now. My question is

    1) My AP is expiring in mid October. Should I file for a AP renewal and spend extra money ? Do I have a chance of getting GC in September ? Btw I was told last year at USCIS newark, NJ office that all the background checks and other things show clear on my case.
    2) I moved my apartment 2 blocks away early this year, but my city and zip code are the same. If I file an AR11 ( change of address ) , will it raise any flags, since I have read on this forum that a change of address sometimes prompts an RFE. I am a bit scared of going through ups and downs, so I just feel like not doing anything which might create any kind of issue after so many years of pain.

    Please give your insight. Thanks so much in advance !
    Jim77, it is highly advisable to apply for your EAD (if it is expiring soon), not neccessarily your AP if you do not intend to travel. You also will need to file your AR11, reason being any government communication is not forwared to the new address. If you were to be approved for the GC next month, it will not reach you as the post office will send it back to USCIS as undeliverable. Filing an AR11 will not trigger any RFE. Maybe if you changed cities, then it might coz there might be a concern on what status you were working on, like if you had an AC21 etc. but within the same zipcode, I dont think so.


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  • qasleuth
    02-25 10:53 AM
    ya, lets step-up a poll and have everyone vote, as if this is the US congress. And after voting leave it for someone else to work on this and other "brilliant" idea. There needs to be a reality check. This poll doesn't mean anything unless there are enough people to spend time and energy at every level. But ya, lets setup a poll and have everyone vote, it will give everyone a feel good factor that everyone contributed in the advocacy effort, how? by voting in the pool and not doing anything about how everyone votes.


    Sanju, I understand your cynicism but not sure how your scathing comments are helping the cause. Hurling insults is not how you motivate people, if at all that is your intention. If you are so disillusioned then step aside for a few weeks/months and just watch.
    Keep in mind, I am not personally attacking you.

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  • a1b2c3
    12-04 04:42 PM
    Dont you have something called humanity? How are you different from the officer how has done this act? You dont even have a greencard and talking about paying from your pocket?? What would you become when you are citizen here?

    Another Lou Dobbs??

    Shame on you!!

    Easy bro. What humanity are we talking about here? I have no sympathies for illegal immigrants. Here's what I feel. Folks who are already here illegally - give them citizenship after they pay all the taxes they owe.
    For still others who continue to keep coming in, strip them, give them dozen lashes in public, and send them back naked.


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  • bsbawa10
    02-25 11:52 AM
    Very good idea. Actually I have sent this suggestion as part of the mail to ombudsman .

    'realizeit' has used very good terminology.

    Thank you.

    I will do the same right now. Many thanks "realizeit".

    Also to one of the comments in this thread "It makes too much sense...". I fully agree with what you say about USCIS's loosing money. However, this suggestion will put them on the spot. At least they have to answer about why they are not willing to do so in case they say "no" (Obviously, they will not be able to say , they loose money).

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  • gcdreamer05
    11-11 11:35 AM
    Very sorry to know about the nanny situation. I would not recommend taking any legal action on that nanny because you are not supposed to hire her in the first place. So if you do complain about her, it is going to back fire on you, saying how did you hire her in the first place.

    It is really horrible how a person can have heart to beat a small baby. Also she is not supposed to work on a tourist visa, if someone complains she can be deported.

    I would suggest the following, just terminate her asap and try to use some local nanny who has proper papers to work. (since any way you are paying the same amount).

    If you had hired someone who had proper papers, and if they had committed this , i am very sure you can take them up legally and make sure they do not do this again to someone else. But in this case it is a bit complex as you too may get in to trouble for hiring her.


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  • ragz4u
    04-22 07:11 PM
    Your stories are pretty compelling. Could you please send me an email with your stories at so that I can collate it together?

    Others, please send us your stories by using the template in the first email. It would really help our cause.

    Most of us are on this forum because of the injustice that the current immigration system perpetuates.

    What is even more frustrating is that we are chasing this so called American Dream during the most potent years of our lives and literally wasting our lives away.

    Employers indifference, incompetent lawyers and pathetic para legals all add up to make our best years the worst. I always used to wonder how come there is not one single place where all hi tech workers can discuss their issues and work together.

    The illegal immigrants have orgs like La Raza to support them, pro bono lawyers working for them and senators and reps listening to them. We are just starting to realize that we also can work together and get ourselves heard. Being highly-skilled should NOT be a handicap for us!

    I just hope IV is that elusive orgs for legal skilled immigrants...

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  • sridhar
    07-17 07:25 PM
    Thanks a lot to all members for being with us in this struggle. We have tasted our first big success this year. Credit goes to each and every IV member. We were all affected by the visa bulletin fiasco and this is our victory. This is a victory for all our members and we must rejoice.

    IV had worked very hard and had been pushing for this in the background. Our flower campaign, rally and other advocacy efforts all came together and helped us at a crunch time. We thank members that sent flowers and also walked in the San Jose heat for 4 hours. All that really shows our commitment to this cause.

    We are happy that our efforts are successful and IV has been able to make a difference. Please also know that during this effort, IV was extremely active and decision makers heard our voice. We cannot give out all the details but what IV members should know is that these efforts should make each one of us proud and what we can do if we have a firm resolve. We were also the first to break this news even before anyone else or media could, and continued to update our members as time passed.

    IV also thanks its contributing members and it is because of their contributions we were able to continue this effort. Many thanks to the members that are contributing now after this good news.

    Please continue your support for this organization and be an integral member of this ever growing community, so that this journey can continue and we can end retrogression and have immigrationvoice as our voice.

    Team IV

    I have been following up IV closely and quite impressed on the core team's professional handling of entire July Bulletin Fiaso. The News Updates for the last couple of days was excellent and accurate enough.

    Thanks a lot to the core team !!.

    Contributed $100 as my small token of appreciation. Way to go !!!

    Best wishes,

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  • npatel
    04-25 08:05 AM
    I completed my MS in Computer Science from US around 6 years back, was on OPT for a year & thereafter moved out of US and came back to my home town. Have been working here for 6 years now as in the software field & have now applied for H1B under masters Quota. Was wondering if I am eligible to apply under this quota as I am neither a fresh graduate nor have any status in the US. Also, my lawyer has only filled out the I-129 form. Is there any special form that needs to be filled out to be considered for Master's quota?
    Please reply�

    You are eligible to apply under masters quota. There is no special form for the masters cap. However, lets hope that your attorney has checked the box of h1b for "US Masters" and send application to USCIS with ATTN: H-1B U.S. Masters Cap D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD


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  • unitednations
    02-04 11:01 PM
    No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.

    Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.

    After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.

    The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.

    If you read word by word of AC21 rule will understand what I am saying.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter

    My intension is simple.

    Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.

    How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.

    Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.

    However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.

    In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.

    Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.

    In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.

    If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.

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  • chandler_vt
    04-30 08:24 AM
    If less than 20,000 MS H1B applications were received on April 2, what will be the rules of the lottery? Will all those whose applications were received on April 2 be guaranteed a H1? In this case,will lottery apply for April 3 and April 4?

    If an application is received on April 2 and there are enough h1s available then clearly that application wont be subjected to a lottery. Lottery is only applicable to applications received on the same day when there are not enough h1s available.

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  • +ve
    05-16 10:04 AM
    Wanted to find out about the visa options for my wife�she will be coming to the US on an H4 visa�can a company hire her on an L1 or any other kind of visa or does she have to wait for an H1B until the next year quota opens up�She has an MBA Finance degree from Mumbai university & currently working with a multinational bank as a credit analyst�Kindly Respond.

    02-25 03:21 PM
    vijay226: The following is just my opinion and it is in no way a personal attack. Please come up with similar ideas like the one you just posted below. Useful or not, all ideas count as long as it is pointed towards solving the issue in a constructive manner.

    Reply to your message: We should not propose a fee for this kind of administrative change. There are few reasons for that. 1) This is just a workflow change and an internal procedural change for the USCIS. 2) There is no need for any additional incentive for the government as this is in effect not taking anything extra from the US soil in terms of opportunity etc. 3) Any addition of fee requires administration to get it approved through the Office of Management and Budget (OMB) and it will make this a legislative affair. That means the whole assumption of getting it through admin fix becomes invalid. 4) In any case, if administration wants to make some extra money from us, they will come up with that proposal.

    Once again thanks for your great point and contribution. Please continue to do so.

    i think we are also need to provide some incentive to the government also for doing this,say some nominal fees around 600$ and any one contribute more than that will be tax free which goes into financial bailout package. At the end everyone wins and everyone is happy

    11-11 04:15 PM
    To all those who are advising Mr. thunderbolt to not do anything and keep looking into their son's eyes for the rest of their lives thinking.... "I let someone beat you up when you were an infant and didn't do jack"... here is another one.

    Say, instead you had a daughter who is about 9 yrs old. You hired some Indian dude on tourist visa to mow your lawn & you hire this dude coz he charges way less.One day, you witness this dude violating your daughter physically.

    What do you do now? Is this situation different. The baby situation is worse.

    I have no kids yet, but it pisses me off that people here would let a child abuser get away coz it might interfere with their american dream.

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