Sunday, June 12, 2011

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  • nursekm
    08-03 01:50 PM
    I would not recommend Joe Kirkwood. Went to see him in person. I drove from San Jose to San Deigo almost 8-9 hrs and tried to see him. I asked for 5 mins of his time and he declined. His receptionist was also surprised. I am not sure how he would have handled my case. I decided not to go with someone who's too busy to spare 5 mins for someone who drove one day to see him.




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  • amitga
    10-04 10:30 PM
    I think for first meeting 10-12 are enough. Let us meet and decide upon the strategy to have more people. I would prefer not to have lot of people in the first meeting.




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  • franklin
    09-27 04:22 PM
    If I am offending anyone who tries to predict on visa bulleting cut-off days, I am sorry for doing so in advance. The agencies involved in this process themselves are out of clue and it is clearly pointed out by ombudsmen himself. I am still puzzled how they derive the cut-off days every month without such statistics? In the past there were numerous statistics regarding the cut-off date prediction and not even came close to what is getting published. This is one department who defy any logic in determining the cut-off dates. I think it is mere waste of time and energy in trying to do so at our end based on my past experience.

    Thanks

    No offense taken - I totally agree




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  • vdlrao
    07-14 11:56 AM
    Singhsha,
    Please see the below.

    Employment-based preferences 162,176
    First: Priority workers 26,697
    Second: advanced degrees or aliens of exceptional ability 44,162
    Third: Skilled workers, professionals, and needed unskilled workers 85,030


    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2007/table07d.xls



    So from now on in EB2 there would be around 100k approvals where as in EB3 it would be around 50k approvals due to the chage of vertical fall out to horizontal fall out of visa numbers.



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  • gcformeornot
    04-27 09:07 AM
    funds coming....




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  • PD073102VA
    03-19 05:16 PM
    Will advanced degree holder need labor certification?

    I think they will. Here is how the new labor certification clause will read:

    (5) Labor certification and qualifications for certain immigrants.-

    (A) Labor certification.-

    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor,

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

    (I) is a member of the teaching profession
    (II) has exceptional ability in the sciences or the arts; or
    (III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.

    Source: Official Senator Frist's Bill http://thomas.loc.gov/cgi-bin/query/F?c109:1:./temp/~c109BRbYkn:e244507:
    INA Act 212 http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-2112?f=templates&fn=document-frame.htm

    So labor certification is required for advanced degree holder in STEM with 3 years of US experience prior to applying will be treated as special a case.

    Also, this clause says that the degree has to be from a US university. I think Attorney Mathew Oh is wrong in saying that graduate degree holders in STEM from foreign universities can apply too.



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  • H1BLegal95
    05-31 02:15 PM
    This is America's gift to India. Nasscom should be smiling. Their skilled labor problem is gonna get better with 40-50000 H1s in 6+years forced to leave because of stupid I140>365 days rule.

    Jobs follow skills and outsourcing is gonna rule. They are sending legals/skilled labor out and keeping illegals/unkilled labor in. However advanced a country is the top always attracts the foolish and the emotional. George W bush is the prime example.




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  • vegasbaby
    10-01 11:38 AM
    You get what you pay for, in a way.

    I am indifferent towards AI since I have traveled only once on AI & my experience was reasonable.

    However, I found this article in TOI today -

    NEW DELHI: In a show of compassion towards a bereaved passenger who had to rush to Chennai but was short of cash, Air India officials at the Indira
    Gandhi International airport here pooled in money to pay for his ticket.

    M Pandian, 40, had lost one of his dear ones in Chennai and reached IGI airport in the morning with a hope of getting a seat in any of the low-cost carriers.

    "After reaching airport, he tried to get a ticket in the low-cost carriers, but the timings and the ticket prices did not suit him," an airport official said.

    With the hope of getting a low fare ticket on an Air India flight, he reached the ticketing counter where he found the ticket price to be Rs 5,059.

    As he had just Rs 4,200 in cash and had no ATM or credit card, Air India officials present at the spot came to his rescue and pooled the deficit amount of Rs 800 to pay for his ticket on flight IC-429 for Chennai.

    Pandian profusely thanked them for their humanitarian gesture and took the flight.



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  • lord_labaku
    03-14 12:30 PM
    People with EB3-India may not expect any kind of fast movement in near future, unless law changes. It will be in snail phase. It is waste discussion to analyze howmany people filled EB3 LC from India in 2002,2003 etc. Generally EB3 is very high demand catagory from all accross the world. EB3 contains skilled worker catagory including cooks, nurses, and so many many non-professional occupations. All the discusion are focussed on demand by Indian IT folks, by ignoring other spectrum of the demand by other group of peoples. Therfore no matter what; EB3-India will get only 3000 EB3 GC per year (Approxmatly 1500 primary).

    1500 LC per year EB3 India is a tiny fraction of the demand by EB3 India. Therefore best advise in EB3 India folks to convert into EB2 to get use of early PD like 2002 or 2003.

    Only when EB3 ROW becomes C can EB3 China, India & mexico see a leap in priority dates. March bulletin 08 pushed EB3 ROW by 2 years. Apr bulletin pushed it by another 6 months to Jul05. If demand for EB3 ROW is still low, then final quarter of this fiscal year (Jul to Sep), priority dates for India EB3 can possibly see a jump forward by 1-2 yrs.




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  • mbartosik
    09-25 11:23 AM
    I have used Fragomen in two different situations...

    1) Contracted by my employer. This was frustrating from my perspective. I felt a little like an object, mostly dealt with paralegals.

    2) Contracted by me. This was much better, I could call the attorneys up anytime, and get an answer when I needed it. Had excellent relationship with paralegals.

    These were two different departments.

    I do think that I suffered from some less than optimal advice, filed EB3 when EB2 would have been better. That was in 2002 when EB3 EB2 EB1 for all was current. EB2 was a tougher sell to Dept Labor, but I think would have worked, attorney didn't want to risk, and wasn't sure if a downgrade would be offered if EB2 failed.

    One thing was consistent.... expensive.

    I all but begged them to send out an email to clients referencing DC rally.

    I have raised the idea with core of adding a field(s) to profile giving attorneys name/address. If we have a lot of members with Fragomen, maybe we could write a group letter asking them to send out a mass email to other clients.

    So please be civil in these public forums.



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  • gk_2000
    03-28 08:38 PM
    I told you smart ass. there is no point in fighting here and insulting anyone. just give your informatiion, i can contact you and willing to tell you how good or bad I am.

    Now just relax.

    MC

    You really want to start going over the scores here? You can shove your warnings as I dont care for them. If anything pisses me off about this forum is you guys' habit of giving warnings.




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  • rego
    02-13 04:06 PM
    hydboy77,

    This seems to be an entirely new issue. I think it deserves to have its own thread. Let the current thread handle the original issue.

    Thanks.



    Dear Administrator2\IV core,
    Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.



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  • singhsa3
    07-17 09:58 PM
    Some of the core members are also stuck in BEC. But they still worked selfleshly. And don't preach injustice to me, I came here to study in 1999, got one labor (PD 2002) rejected on technical grounds, went in for other labor PD 2005, so my situation is probably worse than you.

    Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.

    P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)




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  • msyedy
    05-31 01:03 PM
    I think industry and their senators alike will be happy with quota increases...waht they will try to strike out is the extra fees....($5000 now) and also the retrictions on recruitment / displacement policy, which will make H1B useless as it will take umpteen number of months to get an H1B approved.

    This ammdt is still difficult to pass

    BTW, I cannot find the text of this ammndt on Thomas.

    http://www.thomas.gov/cgi-bin/bdquery/D?d110:26:./temp/~bdp3oO::|/bss/d110query.html|

    I am sure that the tech lobbyist are going to change the rules applied to the H1-B process, because everyone knows the effect of this to the econoomy. I am totally convinced that the strict H1-B rules will be removed.

    I am trying to figure out or want to see how or will these tech companies force or lobby to get EB relief.
    How important is EB relief for them?

    1) they can't hire brains from US universities.
    2) they can't hire those who they think would benefit the company but are stuck with their GC process with some other small consulting firm.

    I see STEM with advance degree getting relief, the current backlog will not be benefitted a lot (eg. Real hike in EB visas, Removing the country cap). I am not being a pessimist but, I do not see a light in my path. (May be my comments are wrong)

    **** Important Note****
    After the State Union Speech given by the President to change the Immigration system, we saw a huge applause by all the law makers. So many individual bills in favor of Skill were introduced. Mr Gates, in front of Senate gave a detailed explaination of our problems, we saw few bills after H1-B quota ran out on the second day of the filing date added to the senate judiciary committee.
    Our hopes increased after seeing so many favourable documents and media coverage, but what happened in the end.. Illegals were given a very very very easy path to citizenship after breaking the law.They get a relief which we can never imagine will ever happen to us.

    Let us say we get the oppurtunity to file I-485 without PD. Increase in H1-B, Increase in EB visas. But still we have to stick to an employer, can't move up the ladder because of the same Labor description needed to be mainain I-485 if we take AC21.

    I cannot digest and will never be able to digest that we are not given the oppurtunity to file our I-485 individually and work for any employer.



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  • desi3933
    03-21 07:24 PM
    A
    .....
    If New H1B and Transferred H1B are same....then problem is solved.
    ....

    You are right. .. New H1B and Transferred H1B are same

    I also mentioned this in a past post of this thread (Page 5) as well

    Typically, H-1B transfer means new H-1B petition for the beneficiary who is/was in H-1B status and is not subject to H-1 cap.




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  • venetian
    07-15 05:34 PM
    I too have question on similar lines, probably it may have been already answered, i did not get a chance to see it.

    Which one is correct?


    Receipt date = Processing Date
    Notice Date = Processing Date



    can somebody explain the meaning of "processing date for I-485"? For example, the Texas service center has July 17 2007 processing date for I-485 petitions.

    How to interpret that?

    Thanks.



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  • tnite
    07-05 11:10 AM
    Just called USCIS and told her that My application was mailed on Jun 28th and it got delivered on July 02. I also told her that my PD is May 2003 (hence i'm eligible to file in June)..

    She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)

    GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY

    Anything received on july 2nd is history.it doesn't matter when you sent it.what matters is when USCIS received it.
    I spoke to a cust. rep and she did tell me that all apps received on and after july 2nd will be returned. To be sure , she put me through an immigration officer (I am still listening to the music)




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  • rayoflight
    05-28 03:25 PM
    Thank You Amit for taking the lead and doing a great job.




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  • thepaew
    05-30 11:53 AM
    I find your quote to be insulting to a large group of persons, some of whom could be potential members of IV. If anyone had made such a comment about Telgu-speakers or Punjabi-speakers, there would be outrage.

    Last I checked, this was not supposed to be desi-centric forum.

    There is something with the french language it self. All the people who speak french as their native language, tend to be a$$holes, of varying degrees. This true of the french people and the francophone Quebec people inCanada and the French speaking Swiss. I say, stop flying AF, screw them. It is they who need us, not the other way round




    garybanz
    09-20 02:12 PM
    Good Idea, Jayram.

    Having even a couple of fill time staffers will make a big difference...but will also require bigger budget.

    Does any one know how much IV collets in recurring contributions? How much did we collect for the DC rally and how much did we spend?




    San Jose was a local CA event planned almost spontaneously. DC was an event planned months in advance. People were offered Free ride, Free plane fare, Free food (in Gurdwaras). Yet how many participated?



    I have been refraining from posting on this point, as I wouldn't like to belittle the contributions of the strong team from California and the numbers they brought to the rally.

    But let's face it. CA has more EB immigrants than the next three. Look at the recent 2006 Performance report from DoL (available at Mathew Oh website). CA had 21,000+ labor petitions compared to NY - 7,000, NJ - 7,000(?) , TX - 5000. As you can see CA scores more than the next three states put together.

    If 40 people participate from NY, it's as good as 120 from Cal. Percentagewise it would be the same. If 40 peope walk in Michigan ( 2000 Labor petitions) statistically it would surpass CA, percentagewise.

    It's a known thing that only 5%-10% of the population participates actively in the most successful movements be it American Revolution or struggle for Indian Independence. We haven't reached that critical mass yet ( at the regional level)



    There is an enthusiasm right now. But how long before the fatigue sets in? Rallies need to be minimal, held with certain strategic target and should serve some specific purpose.

    Weekend rallies attracting bigger crowds is a myth. Be prepared to listen to reasons like - Shucks I have to mow the lawn, take kids to Bharatanatyam dance classes, I have relatives over for lunch etc.

    With that logic if we hold rallies over the LONG weekends, we should attract bigger crowd, since people have 2-3 days to relax afterwards. And since people already plan to visit Orlando, LA etc to visit Disneyland, Universal etc., if we can hold rallies there we should attract the highest possible crowd. Do you think my idea will work?




    I agree with you 100%. Question is - who'll bell the cat? Who will take the lead and sacrifice their time, family life etc. to plan, organize and conduct these?

    We need a fearless leader like Aman Kapoor, who can motivate and inspire people to participate, in every state. Where can we find them?

    How about taking this to the next step and hire paid fulltime staff who can
    1) call people and request donations
    2) organize meetings
    3) stimulate the local chapters
    4) promote IV
    ..... and the list can go on.....and do all the things necessary to convert all propects to customers.

    How about having full time offices in DC? This office will run on donations.

    Finally, how about instead of anonymous members make this a place where everyone has to provide their personal details etc.

    Anyways, I am just ranting.




    andy garcia
    02-13 09:30 AM
    What categories are covered by health care professional? Which of these categories are Schedule A? Thanks.

    Schedule A

    (a) Group I:

    (1) Persons who will be employed as physical therapists, and who possess all the qualifications necessary to take the physical therapist licensing examination in the state in which they propose to practice physical therapy.

    (2) Aliens who will be employed as professional nurses

    (3) Definitions of Group I occupations:

    (i) Physical therapist means a person who applies the art and science of physical therapy to the treatment of patients with disabilities, disorders and injuries to relieve pain, develop or restore function, and maintain performance, using physical means, such as exercise, massage, heat, water, light, and electricity, as prescribed by a physician (or a surgeon).

    (ii) Professional nurse means a person who applies the art and science of nursing which reflects comprehension of principles derived from the physical, biological and behavioral sciences. Professional nursing generally includes making clinical judgments involving the observation, care and counsel of persons requiring nursing care; administering of medicines and treatments prescribed by the physician or dentist; and participation in the activities for the promotion of health and prevention of illness in others. A program of study for professional nurses generally includes theory and practice in clinical areas such as obstetrics, surgery, pediatrics, psychiatry, and medicine.



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