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  • caydee
    07-09 11:16 AM
    A news article from San Jose Mercury News...........

    http://www.mercurynews.com/news/ci_6331029?nclick_check=1

    (apologies for posting this here. I couldnt find the link to News Article Thread - 3. Moderators please move this to the right thread)

    IMMIGRATION REFORM'S COLLAPSE GETS FIRMS LOOKING ABROAD
    By Frank Davies
    MediaNews Washington Bureau
    Article Launched: 07/09/2007 01:29:41 AM PDT

    WASHINGTON - Reeling from the collapse of a massive immigration bill, major tech firms plan to press for more visas and green cards for foreign workers - one element of the failed legislation - but admit they face political resistance and an uncertain future.

    "We face a serious problem this year, Congress knows that, and we just have to keep pushing," said Robert Hoffman, an Oracle lobbyist. He said restrictive caps on H-1B and L visas for skilled workers and the long waiting time for green cards for some were limiting companies' growth and sending some jobs overseas.

    But Ralph Hellmann, who lobbied on the Senate bill for the Information Technology Industry trade group, sounded an upbeat note. He said a separate measure increasing visas and green cards "is probably a better product now that we don't have to ride on a compre hensive bill."

    Hoffman, who co-chairs Compete America, a coalition of businesses seeking immigration reform, said he hopes to meet with key congressional leaders on the issue, including Sen. Ted Kennedy, D-Mass., sponsor of the failed Senate bill, and Rep. Zoe Lofgren, the San Jose Democrat who chairs the immigration subcommittee in the House.

    "We'll have to see what's in the realm of the doable, whether it's long-term or a stop-gap," Hoffman said.

    Lofgren sounded a note of caution Friday, saying progress on any component of the comprehensive bill may be difficult.

    "We're in an assessment phase right now, and I don't know what can proceed - that's up to a very diverse group of people in the House and Senate," she said. Other provisions of the failed immigration bill have champions who now see an opening for separate legislation.

    Taking separate action

    Sen. Dianne Feinstein, a California Democrat, said the shortage in farm labor is a crisis that means her "ag jobs" proposal for more foreign workers "should be moved before any other immigration-related legislation."

    She said she will work with Sen. Larry Craig, R-Idaho, a co-sponsor, and industry and farmworker groups to push soon for that bill.

    Lofgren said "there's a compelling case for the Dream Act," another part of the comprehensive bill that would allow some children of illegal immigrants to achieve legal status and make it easier to enter college or the military.

    Several South Bay students last week launched a fast to show their support for the Dream Act, and they demonstrated Tuesday in front of Lofgren's San Jose office.

    Immigration hard-liners who oppose any legalization process for undocumented workers said the failure of the Senate bill shows the need to improve border security and workplace enforcement.

    Rep. Brian Bilbray, a San Diego Republican who chairs the House Immigration Reform Caucus, said a congressional consensus exists to pursue those goals this year.

    Workforce in jeopardy

    Meanwhile, thousands of highly skilled visa-holders who filed paperwork last month for green cards had a more immediate problem this week. Because of a dispute between the State Department and Immigration Services, and a huge backlog of applications, they were told no more green cards are available this year.

    Large employers, including some in the tech sector, were told this year by the Bush administration to help pass the overall bill to secure some of their key goals. Those include almost doubling the number of H-1B visas to 115,000 a year, exempting 40,000 people with higher degrees from any restrictions, and speeding up the employer-based green card system for workers already here.

    With the demise of the bill and uncertainty over future immigration, some California companies may shift operations to other countries, Lofgren said. Microsoft announced plans Thursday to open a software development center in Vancouver, British Columbia, which would "allow the company to recruit and retain highly skilled people affected by the immigration issues in the U.S."

    In 2006, Microsoft secured 3,117 H-1B visas for its workers - the third-highest total - according to the Department of Homeland Security.

    Lou Gellos, a Microsoft spokesman, said immigration uncertainty was "an issue, but not the defining reason" for opening the Canada center.

    Criticism has also mounted over abuses and fraud in the H-1B visa system.

    Sen. Dick Durbin, D-Ill., citing government surveys, said that "job shops" and other brokers were misusing the system to bypass U.S. workers, bring in foreign workers for substandard wages, and outsource some jobs.

    "Our immigration policy should seek to complement our U.S. workforce, not replace it," Durbin said last month during the Senate debate.

    System left in limbo

    After behind-the-scenes negotiations, tech companies acceded to some of the proposals from Durbin and Sen. Charles Grassley, R-Iowa, to improve oversight and enforcement of the H-1B program by the Department of Labor. All companies would have to pledge to seek U.S. workers first for openings, and if an employer's visa-holders who are paid entry-level wages exceeded 30 percent of its workforce, a Labor Department audit would be automatic.

    That agreement is now in limbo. If a serious push for an increase in visas makes progress, Durbin would want to include his proposals, an aide said.

    Hoffman said tech representatives would agree to more enforcement "that is not punitive."

    Lofgren, who represents tech executives and workers, said she could support "reforms and changes" in the visa system.

    "It needs a good review - I've never thought that just increasing the numbers was in the cards," she said.


    Contact Frank Davies at fdavies@mercurynews.com or (202) 662-8921.




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  • vinabath
    03-26 11:26 AM
    see above

    If China and India combined gets only 22K every year then all Visas will be wasted.




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  • mirage
    03-08 10:23 PM
    While your story is interesting, but I beg to differ again, because, immigration is not something which would be discussed in the Congress for the first time, if we are successfull in bringing something. Each and every single lawmaker in this country understand immigration to the extent that you may not even start to guess...People who oppose us have been putting their restrictive bills again and again so they are going to continue doing that despite of us do something or sleep, do you think Numbersusa wait for us to do something, their anti.... mill will keep churning.

    Let me give you a story:

    On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.

    HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.

    I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.

    They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.

    Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.

    Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.




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  • trueguy
    09-19 10:21 PM
    Instead of predicting and estimating why don't all of us do some calling for HR 5822.

    already did that. Is calling the only thing at the moment? Why don't you let EB3 guys talk a little?



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  • asdf123
    08-27 12:15 AM
    My application filed on 1 august.
    No receipts yet.




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  • simple1
    05-01 02:35 PM
    This is my understanding. Please take time to read INA, I485 application and current VB.

    1. The category of the derivative and quota of derivative is not related to I485.

    All that matter at the time of derivative I485 application is the
    a) primary's priority date is current
    b) primary's I485/AOS application pending.

    read the I485 application again Part2 option b. "My spouse or parent applied for adjustment of status or"

    Gurus, Forum-Attorneys, IV-Core, feel free to correct me.

    2. We are more concerned about the quota. where the derivative falls. I strongly believe they must be out of EB2 quota and placed under FB2A.


    There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.



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  • GCcomesoon
    06-13 10:36 AM
    Did your other set of checks cashed yet?:confused:

    Nope, I haven't got the receipt nos for one set of checks yet, I guess people filing with TSC are getting receipt nos & also the notices.I know few friends of mine got thier notices too

    Thanks
    GCcomesoon




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  • nousername
    01-30 05:38 PM
    Thanks for your suggestions and comments but we don't need H1 anymore.. She is using EAD.



    Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]



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  • whiteStallion
    11-17 09:32 PM
    Sent the email...
    Thanks for streamlining this process which only took a few seconds...
    Kudos to the IV team again !




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  • rc0878
    08-29 08:15 AM
    Application sent on July 19th to NSC and was recieved on July 20th. Checks not cashed yet, and ofcourse no receipt numbers yet.



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  • priti8888
    10-08 03:55 PM
    There is no FIFO in current system. There NEVER WILL BE as long as so-called Chargeability areas ( country quotas) exist. Mark my words, we may at best get the quota extended to 10% (if STRIVE or something similar passes), but the quotas are here to stay. Guy from a so-called ROW country will always get his GC ahead of you.

    Have you read about 'Alternate Charegeability'? Read about it in Mathew Oh's website. It means a guy/gal from India can marry a Sri Lankan or Pakistani and use his/her country as chargeability! A person is getting ahead of others by marrying outside your country! What's your brilliant idea to stop that. I can already see some guys posting 'IV should make banning marriage outside the chargeability their Top #1 agenda, as people use it to cut the line'

    What you guys really mean by FIFO here is ' a guy/gal from my country who applied after me, who cannot use alternate chargeability or marry an American citizen to cut the line, should not get GC before me'! ( FBI name check , EB1/2/3 etc. be damned)

    Did I get you correctly?


    How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.

    India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?

    Labour substituition----Now thats bad...but its no longer allowed




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  • GCBy3000
    05-02 02:47 PM
    Hm....

    Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
    Technically under which conditions and criteria Eb1 and Eb2 would be applicable?



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  • psk79
    09-12 02:48 PM
    I am in exactly same boat, with no idea about my pending application.
    Absolutely hate this feeling.

    Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...




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  • desi3933
    01-30 05:23 PM
    You being US citizen or president of USA does not mean much to us! I have requested you to show me "so called 30 day rule" on any of the official web site (For example USCIS). I have asked you this several times. Every time You just direct us to some lawyer's web site/university web site and expect us to believe them.

    Show me the information on official web site and I will shut up.

    Since you asked -

    Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
    Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)

    (ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • prashanthg
    11-18 09:36 AM
    Done.




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  • GCStatus
    09-16 06:00 PM
    Guys

    We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.

    Here you go

    http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
    http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486

    This is for the non-believers like Mr.Lord



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  • gcnoteasy
    08-10 12:34 PM
    All:

    I received an email on 8-8 saying card production ordered and on 8-9 about the welcome kit.

    My PD is April 2 2004 EB2 (US educated for the idiot who tried to divide us b/w US and non US educated)

    As a token of appreciation - I have contributed $100 to IV just now.Receipt ID: 1467-8132-5592-9911. Request all of those who get GC this month to contribute some $ amount. Although I was not very active in the forums I have contributed at least $400 to this cause and I will do the same in the future. Please do not try to divide b/w EB3 EB2 US educated etc. which I am noticing lately.

    WE REALLY NEED TO HELP OUR EB3 FRIENDS. PLEASE CONTRUBUTE ONCE IN AN YEAR ATLEAST. I HAVE NOTICED THE MOMENT THEY GET GC THEY FORGET THE PAST DIFFICULTIES AND MOVE ON WHICH IS FINE. BUT IF POSSIBLE CONTRIBUTE ONCE IN AN YEAR.




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  • mygc2006
    09-08 11:48 AM
    EB3 India

    EAD Sent 08/01/08
    ND : 08/07/08

    No LUD's since then.

    Card production Ordered email on 09/05/08

    congrats ... that was pretty fast, you got it within a month ....




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  • sanju
    10-09 01:39 PM
    I gave more points to PD month than experience month.
    If you think its more complexes then I will go with PD only.
    New PD means either you are new in US or you dint applied or you got laid off. What ever is the reason of new PD, you or your luck are involved so only you should be responsible. My previous PD was Jul, 2003 with EB2 but INC canceled my company�s LC in group because my company didn�t apply from co-operate office and there was no one in office during INC raid. Later my company applied LC from co-operate office and I got new PD. Even though It would be unfair to talk about experience because some how my or me are involved here.

    So let�s keep only PD as only preference.

    ok then, PD it is, going 1, 2 3..... done!

    From now on, the via numbers will be allocated based on priority dates because 'Few good men' said it on this thread.




    Rohan99
    09-25 09:37 PM
    yes, it reached at 9.03am and was received by R.William

    Can you let us know if they respected your RN july 3rd?




    pappu
    09-01 09:21 AM
    Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.

    We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.

    Now it is your opportunity to deliver.



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