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  • styrum
    02-08 11:55 AM
    Who said the position must be in zone V only to qualify for EB2?

    For the position to be qualified for EB2 it must require MS. For position requirements to be considered "normal", they must fit into the respective zone in terms of SVP level. As I learned from my bitter experience, though offficially for a PERM to be approved the requirements don't have to be "normal" (if they are not, you just need to supply the "business neccessity" letter), it looks like the current PERM's software just doesn't have such possibility "in mind" and automatically denies the application if the total education plus experience requirements exceed the SVP level for the zone corresponding to the position. You will get a denial notice which will blatantly claim something like "By answering YES to question H-12 you have attested that the requirements are normal, but the total SVP level exceeds the normal level for this position..." even if you have answered NO to that damn question! Therefore I don't recommend to exceed "normal" SVP level for the corresponding position code.

    However, if a suitable code falls under zone IV, nobody (except for emplyer himself maybe) can prevent the employer to require, say, MS plus 2 yrs of experience. And it is within "normal" SVP level for zone IV, and it does qualify for EB2 (because it requires MS).





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  • chiraj
    07-13 09:39 PM
    Hi ,
    I am a GC Holder can anybody advice me top5 Life insurance companies for Term as well as Whole Life Insurance.





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  • pani_6
    06-28 01:45 PM
    I live in Tx..If I file today...would it help if it reaches tommorrow....for PP-I140??...Where is tjhe form for applying PP-I-140...somebody plz answer....





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  • sdrblr
    08-27 11:30 AM
    I say my chance is 88.25% of getting approved :). Don't ask me how I got this number. All that I know is optimism is free

    I checked with some folks who have got GCs in the past and they mentioned that FP (2nd time ) is not needed.....unlike the minds of USCIS one's FP doesn't change over his lifetime...that said..if you apply renew EAD u can get FP notice....

    But if 15 month rule of FP is correct then very few will get approved as very few have received 2nd FP notice....so I am not sure what is good or bad...we need to know if the folks who had got FP notice had recently renewed their EADs or not.

    I am current next month but I rate my odds as 2/98 meaning 2% chance of getting clear.....taking into account RD/ND/transfer/FP all vagaries into account....even Indian monsoon is more predictable.

    SoP



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  • vik_tx
    05-16 11:56 AM
    now ..confirmed with two immigration attorneys.. this ruling goes into effect tomorrow.. they are all scrambling to file i140s on the last day!(today)

    ------------

    Ok. This comes from a very reliable source.. but need some clarification from the experts out here...

    1) No LC Substitutions
    2) If one hasn't filed the I-140 within 45 days of receiving the approved labor certification, then he/she is SOL. This rule goes into effect tomorrow 5/18 and this may be applied retro-actively...i.e. If you have received an approved labor certification in the past 45 days and not filed yet.. you may have to re-file labor, as your approval is invalid!..

    any ideas?

    text from the ammendment-
    In order to protect the integrity of the permanent labor certification
    program, deter fraud, and comply with the Department's statutory obligation
    to protect the wages and working conditions of U.S. workers, the Department
    has determined a number of amendments are appropriate. The first amendment
    would prohibit the substitution of alien beneficiaries on pending
    applications for permanent labor certification and on approved permanent
    labor certifications not yet filed with DHS. This amendment could, at least
    to some degree, affect DHS's current practice of allowing U.S. employers to
    substitute an alien through the filing of a new Form I-140 petition,
    supported by a labor certification in the name of the original beneficiary.
    The second amendment would require a permanent labor certification be filed
    with DHS within 45 calendar days of the date it is certified by DOL. The
    third amendment would prohibit the sale, barter, and purchase of
    applications and approved labor certifications, as well as other related
    payments. Finally, the Department is proposing enforcement mechanisms,
    including debarment with appeal rights, to protect the integrity of the
    permanent labor certification program and deter individuals or entities from
    engaging in prohibited transactions or abusing the labor certification
    process. The Department invites public comment regarding all aspects of each
    of these proposed changes.





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  • TeddyKoochu
    07-01 11:27 AM
    teddy the pun "multi-national managers(via L1A)" was intended. if that makes it clear.

    anyway, the focus of this thread was about the president's immigration speech. Atleast the speech included the fact that illegal immigration makes a mockery of legal immigration. understood that any solution also must include finding a way on how to handle the undocumented people.

    anyway, the speech for now might be just a start or more "kick in the butt" to let the congress know that they need to start work in CIR. when it comes to fruition is anybody's guess.

    Thanks for clarifying !



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  • vivekm1309
    09-05 03:19 PM
    Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
    This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.

    Thanks for sharing this experience, I feel sorry for you that you & your family had to go thru this. I want to check with you what finally conviced the officer to change his initial stand to let you in? This will help us to learn from your experience... Thanks





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  • gg_ny
    10-11 10:22 AM
    Thanks Pappu for posting it. I have been barred from creating threads ;-))
    I have now PDFs (the articles in this coverage need subscription) for all of them. If someone educates me how to archive them on IV, I can do put them up. I got the pdfs via my institutional subscription. The articles are resourceful, and come with references for further research. The author, Woolridge, seems to be a good person to talk to. If someone wants the articles, email your personal email id and I will send pdfs later this evening.

    -gg_ny


    I have posted the article from the economist.
    It is a great resource for anyone doing research or writing article on immigration.

    http://immigrationvoice.org/forum/showthread.php?p=28073#post28073

    thanks gg_ny for bringing it to my attention.

    Pls post any discussion and related materials here.
    Pls also mail the econmoist about IV and our cause so that they can print our letters in the next issue.

    The address is
    http://www.economist.com/help/DisplayHelp.cfm?folder=663392

    ================
    Here is another article in 'science'
    http://immigrationvoice.org/forum/showthread.php?p=28077#post28077

    pls send mails to the editor from

    http://www.sciencemag.org/cgi/feedback
    ====

    As you can see from the Science article how difficult it will be to pass anything in the lameduck session. IV cannot do it alone without the help of all its members. Pls send mails to the editors of these magazines highlighting our issues and mentioning IV.
    Pls post a confirmation on this thread that you have emailed the editor so that we know how many people sent emails. We need more participation from our members on such tasks in order to highlight our issues in the media. We find a lot of people posting messages about what we ought to be doing on the forum but only a handful actually do when we urge members to do. Any efforts to get attention from media to highlight our isues will be highly appreciated.



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  • malibuguy007
    04-02 03:04 PM
    I am watching visa bulletin for 1 years now and found that if it releases early around 8th to 10th of month then no good movement but if releases close to 15th .. like 13th or 14th then some very good movement.

    This is one of those weird correlation no one thought of e.g. if economy goes south more men opt for vasectomy and more business for the docs!





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  • vivekm1309
    05-28 03:13 PM
    Good point , but neither H1B says its only for INNOVATORS rather it says only SKILLED workers. Not even every PhD is innovator . May be in some circumstances the so said perspective is true but i dont agree with every point.

    There are no enough Americans who can do the Job if you guys think its H1B and remove H1B every Job will land as an outsourcing . If not h1B many Outsourcing IT firms will find some way to temp bring IT pros and eventually outsource.

    The Key point that IV is making is how much taxes we are paying and how good we are making to American economy. If they remove H1B ,then they understand how and what they have lost.

    Good points, only thing to add is not all innovations can be brought to notice to relate to a sinle employee ...most of the times we as employees are part of systemic effort that is innovating. It would be wrong to say that H1-bs are not contributing towards innovation anymore.



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  • thomachan72
    05-29 07:20 AM
    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
    Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)





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  • InTheMoment
    07-11 11:16 AM
    Guys the news is from Yahoo India website. The reporter is for sure homebred for the Indian Express newspaper and you also have to note Immigration is spelt as Emigration there. The reporter must have been an amateur who must have takes notes while on phone without bothering to verify the spelling!

    Also note the spelling of Program is spelt as Programme in the article, which shows the roots of this article. Maybe we are blowing things out of proportion.

    Just relax, drop it an move on !



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  • belmontboy
    03-15 10:06 PM
    If not expunged, it will FOR SURE pop up immediately they punch your name in. You certainly can not lie there. You will be deported. If expunged, you still have chance BUT NOT to lie..If the form ask " If you have ever been arrested" say yes and as others suggested have all your documents ready from court but make sure you have all originals and notarized documents if required for all court orders pertaing to your case.

    Good Luck..

    RV

    You are wrong here.

    Shoplifting crimes are usually prosecuted by state in which they are comitted. That render them state criminal case.

    I highly doubt they pull up state criminal record at POE.
    If its a federal crime, then i can believe that.

    However, this shouldnot encourage you to be dishonest at POE's or visa interview.





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  • kaisersose
    05-13 10:28 AM
    I and many folks in this forum have seen very few approvals for this category. How come USCIS says that this category is over subscribing the visa quota. Why they are moving un used visas to EB2 (no offense) why not for EB3?

    We need IV help in this area.

    I fail to see what is unjust about this. They move unused numbers from EB1 to EB2 because it works this way.

    EB1 -> first level of preference
    EB2 -> second level of preference
    EB3 -> third level of preference

    Now are you saying they should skip level 2 and drop some unused numbers from 1 to 3 directly? Why? That would actually be unjust.

    To be fair, the US immigration system cannot be blamed because a lot of us desis have entered the queue.



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  • narendra_modi
    05-07 12:56 PM
    would be more than happy to participate in such an effort. I will be driving upto MD and will be there by train alongwith friends..go IV go..





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  • H1B-GC
    10-02 12:02 PM
    Do we really need to pay NRI Fees in Schools or colleges with PIO card? I thought otherwise. This does apply to an OCI card holder as well?



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  • kumarc123
    05-14 08:29 AM
    Please continue to fill out the form for the advocacy days and make a difference by taking a positive step by meeting with the legislators.

    For members who can only provide support, please mention the kind of support you are willing to commit to on this thread too.

    I will be there! To contribute my efforts for the big cause.





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  • vinodp1978
    06-28 02:12 PM
    Delhirocks,
    Thanks for the feedback.. i will most likely be doing the same...wait for PP 140 to comeback and convert. I think its safer to work on a 3yr h1b than ead. But then while filing for h1b ext the dates must be retrogressed and not current.





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  • mrdelhiite
    07-13 09:03 PM
    well here is 14th -
    -M





    gg_ny
    03-18 11:41 AM
    One intelligent posting amidst the cacophony. Keep it up. Sometime back one of the admin wrote about tightening the belt, holding on to ride this wave of market trouble. I wonder whether someone knowledgeable could create a thread (or add to one that exists) about this mess, mechanisms that led to it and how it is going to affect the slaves, pintos and the rest (of iV) in the next 12 months? An intelligent discussion for a change. While the Fed chairman reads the letters, emails and warnings from pintos, slaves and co. lounging by his swimming pool, sipping his martini (of course, according to the p, s & company, while market is burning), we can read something useful about the economy to prepare ourselves for the worst...

    Btw pintos, my shares went up a bit 'cause my employer was not the Bear but Chase ;-). Sorry to have disappointed you.



    Dude; not that your idea is bad, but don’t come up with assumptions that the fed chairman is clueless!! He has been handling the crisis extremely satisfactorily. So far he has proved to be a good chairman and similar to Greenspan and Volker.
    You have to understand derivatives and structured investment vehicles to understand what the economy is facing. The risk of sub prime CDO's has been spread thorough out the credit markets. Just imagine Bear Stearns which has a head quarters building in NYC worth $1 billion was sold for $236 Mil. Yankees pay A-Rod more than that. This will tell you how the valuation of derivatives has depleted cash flow and liquidity of a wall street titan which had stood through the great depression, 2 world wars, market crashes in the 1970's, 87, 01 and recessions in between.
    Google "Long term Capital management (LTCM)" and study their history you will see what derivatives are capable of. Warren buffet calls derivatives "Financial instruments of mass destruction".

    So the man is faced with such a mess, don’t insult his intelligence by making unwarranted statements.





    ksvreg
    08-10 07:21 PM
    Last call...any more preditions? Magic figures will arrive soon. I guess, no predictions worked well in the past. I vote for predictions as well as Magic figures. :)



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