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  • seba
    02-08 12:41 AM
    Arjun, thanks for clarifying those things. I have a couple of final questions before I book my trip if you could please help me again.

    (1) My first H1B was valid from Oct 2004 to Oct 2007, and I got my stamp in Dubai. The stamp expired on Oct 2007. My second H1B is valid from Oct 2007 to Oct 2010, and I am planning to go to Halifax for the stamping. I have stayed at the same company all this time. Does "revalidation" include my situation?

    (2) When leaving for Canada, they did not take your white I-94 card (stapled to passport) at the US airport. When arriving in the US, they replaced your old I-94 with a new I-94 at the US airport. Please confirm that all this is correct.

    Thanks again. My company uses "immigration lawyers", but they seem rather incompetent, as many of you have experienced.




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  • bsbawa10
    09-29 08:41 PM
    Extremely well put together. Can we send it to USCIS director so that it can make some impact ??




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  • pappu
    08-15 11:24 AM
    See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)

    Second I-140 Allowed without Revocation of Earlier I-140 Petition

    The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.

    This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.

    08/15/2006: Multiple I-140 Petitions: Uniform Policy in Negative Fashion?

    * We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.




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  • same_old_guy
    02-23 02:01 PM
    Dont worry you will get your RFE soon. I saw pretty much everyone is getting RFE for H1 extension ( beyond 6 yr) these days !



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  • snram4
    01-19 09:42 PM
    People voted Obama just for economy and jobs. I remember when Paulin was announced GOP was leading for 2 weeks. When Stock market started tanking with demise of Lehmen GOP started losing. Imstead of not concentrating on economy he started working on healthcare. So democrats lost. In this situation he will realise now and he will take economy as first priority and immigration will be last 10th priority. Immigration group may have defend many anti immigrant bills and memos in this year. But nothing will be passed either for or against immigrants. Status quo will continue for 2010. This nov Election results will decide CIR 20111

    Every other year, there is election and only this damn. election drives what is done and what is not done in congress year after year. The good old time, bills are passed that are important and good for the general people and this some times was not popular, but now only the issues popular are are being taken and rather than voting on what is good, the law makers tend to go with what people like, and people's likes and dislikes keep changing and the same change work against them sometimes. Also people on one area does not like what is liked in other area and when we have a product that contains both, well the same people now unite and start to not like the final product and this goes on ..... It is same CHANGE that President Obama mentions too often, but the same change is Now liked by Republicans, and Dems did not like the change this time around. Also with the communication revolutions, the election campaign seems to have become much much long.... And Oh !! Well... now our President apart from Health Care Reform, Immigration Reform and climate change issue, also need to work on his re-election from now on, if he doesn't want the change he loves some much, in White House in 2012 election... HOPE - at least people in this group, see CHANGE for better, CHANGE from AOS to LPR .... Now, let us see what will this loss of filibuster majority by Dems do in the interim.... Only time can tell. Change we can believe in !!!




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  • mihird
    09-17 11:57 PM
    I will tell your first hand, the path to becoming a doctor is TOUGH...

    You will need a lot of brains to clear those USMLE exams
    You will need a lot of money to appear for those USMLE exams/residency interviews
    You will need a lot of patience since it takes a minimum of 2 years to be able to apply.

    Here's what you do.

    My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.

    1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
    Each one takes about 6 months of prep time and
    shoot for a score in the upper 80s or preferably 90s - very
    few people get such high scores..
    2. Then one needs to get a B2 visa to appear for Step 3
    Step 3 is only conducted in the US
    (You WILL need the Step 3 cleared for H1 sponsorship)
    Good luck getting that B2 - plenty of people are
    denied this B2 in India - if you can't get this B2, that's
    the end of the game.
    3. Once you clear all the steps you need to apply through ERAS
    for a nationwide match for residency.
    4. Spend hoardes of money to travel to each hospital that
    invites you to an interview.
    5. Wait for the ERAS match results to be out.

    If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..

    To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...



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  • jasonalbany
    07-04 12:28 PM
    Access to Job Market in U.S. a Matter of Degrees
    Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
    By Anna Gorman, Times Staff Writer
    July 3, 2006


    This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.

    But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.

    Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.

    "I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."

    Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."

    The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.

    Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.

    "There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."

    But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.

    "The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.

    The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.

    The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.

    There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.

    Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.

    Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.

    "The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.

    "If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."

    One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.

    Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.

    "We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."

    Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.

    Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
    They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.

    "It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.

    "We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."

    Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.

    If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.

    "This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."

    But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.

    "We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."

    David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.

    Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.

    Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."

    "I am really qualified," she said. "Hopefully, I will be able to teach soon."

    As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.

    "The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."




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  • iamlost
    07-24 10:37 PM
    HI,

    Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.

    If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.

    Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.

    Good luck.
    I am wondering if this has anything to do with the erroneous 140 approvals from TSC. So, they revised all the approvals to pending status ... and my 2.5 old approved case also got in midst of it ... Hmmm !!! This is killing man .... No peace even after GC !



    TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases
    �MurthyDotCom
    The Texas Service Center (TSC) advised in late July 2009 that eMail notifications have incorrectly been sent, which indicate approvals of Immigrant Petition for Alien Worker (I-140) cases. These eMails are originating from the Premium Processing Unit due to a technical problem. The system is issuing these eMails in error shortly after the transmission of the eMail receipt.
    �MurthyDotCom
    Erroneous I-140 Approval eMails do not have a Priority Date
    �MurthyDotCom
    The erroneous eMail does not contain a priority date or EB classification for the case. TSC is working to address the technical problem. Employers who are unsure about any such communication received from the TSC Premium Processing Unit can contact that unit at the eMail address or phone number provided on the I-140 receipt notice.
    �MurthyDotCom
    Conclusion
    �MurthyDotCom
    This likely is annoying and frustrating to individuals who believed their I-140 approvals were received in record time, only to find out that the approval eMail notification was erroneous. Although not specifically stated in the information released by TSC, it appears that this problem has been limited to eMail notifications. There was no indication that any hard-copy approval notices have been issued in error. MurthyDotCom and MurthyBulletin readers will be advised of any further information on this topic, when it is made available.



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  • purplehazea
    06-11 04:31 PM
    I dont want your colour to change but media keeps writing stuff,i guess we are intelligent enough to make our informed judgements.
    I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
    This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)

    :) Alright lets leave the prez alone :p . Just curious, do you think this can move through senate, house and conference committee by august? I am following this drama for 2 years and my conclusion is that legislative action takes a lot of time from initiation to completion. With presidential politics building up for next year's election it will be very challenging to pass any law with the limited time on hand.




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  • DSJ
    05-30 12:33 PM
    I would appreciate if you could reference the bill text (if you have), then we can together spin this news - thanks

    This may already have been discussed but does everyone realize that the merit based system will remove backlogs by the backdoor. There will be no backlogs because you have to apply every year. And if by chance you reach the 6th year on H1-B and fail to get past the merit line for that year you have to leave. If this is not scary what is?

    I would like to hear everyone's opinion on this.



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  • emshal2
    09-09 11:42 PM
    mn




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  • saturnring11
    07-22 06:31 PM
    You should analyze this situation based both on what it does for your career and immigration prospects.

    Let's say you accept the EB3 employment with the big company. Does that get you closer to where you want to be 5 years down the line?

    Can you not find an equivalent company or another job at this consulting company that would be eligible for EB2? This would be the best of both worlds.

    Life is about trade-offs. You've got to make the best choice for yourself weighing the pros and cons of the situation.

    If you value your career over your GC and think this is the best you can do right now, by all means jump. Otherwise, be patient and find the combination of EB2 sponsorship at another more rewarding role.

    Good luck!



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  • dazed378
    03-29 09:51 PM
    snathan and number30, thanks a lot for your valuable input :).




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  • when
    02-29 12:42 PM
    ^^^^



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  • meetpravee
    04-19 12:59 PM
    Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.

    After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.




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  • 21stIcon
    10-15 04:37 PM
    look this

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  • priderock
    06-28 04:09 PM
    I hope Geeta will reduce your pain.

    I asked her , but her boyfriend would not agree:)




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  • chris
    02-08 11:05 PM
    Did you contacted congressman or opened any SR's ?

    I'm also in the same boat. Cases after me are getting approved.:)




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  • cox
    November 24th, 2005, 08:46 PM
    I took two very similar shots of the same flower. This is an Alyssum. The whole cluster is about the size of my index finger! Which treatment do you prefer, the light or dark version?

    Light (1DsII, ISO 400, 25mm extension tube, EF 100 Macro, f/9.0, 1/13s)
    http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0371.jpg

    Dark (1DsII, ISO 100, 25mm extension tube, EF 100 Macro, f/2.8, 1/160s)
    http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0331.jpg

    Any comments are appreciated :)




    WillIBLucky
    12-08 08:45 AM
    Why is IV very silent today? Is it a good sign or something else? Or is everyone in front of Cspan?




    bheemi
    03-15 11:05 AM
    Hi,
    I dont think anybody pushing forward about this issue..Filing of 485 during retrogression..
    Immigration Voice :
    Is there any scope any where to add this to current bill...are our immigration voice working towards this issue at all...if so can you pls let us know what you are doing for this issue..because I did not see anywhere updates from immigration voice ..or any ammendments on this issue..



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