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  • jsb
    02-06 12:24 PM
    Cris,

    I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.

    Thanks again.

    As others have replied, "under review" means, it is somewhere in the stacks of files. They may not even know where it is.




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  • needhelp!
    11-15 09:46 AM
    Few days back I was talking to two members from a district in texas where these two were the only members (state chapter members. I am sure there are a hundred others who live there, but have not joined our chapter) These two have taken the initiative to go and meet their local congressman, even though it means a two hour drive for one of them (Texas districts are big)

    It is very heartening to see this happening, and if everyone just goes and meets their own representative, and makes him aware of our issues, we will be moving in the right direction.

    Please join your state chapter, talk to others (WE ARE ALL SIMPLE PEOPLE, JUST LIKE YOU) who are doing it and be inspired to do the same.




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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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  • India_USA
    04-23 09:13 AM
    1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.
    USCIS says its happening......

    2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
    USCIS has not wasted visas in the past two years............

    3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
    I read somewhere about the memo being withdrawn for more review.............

    Finding a judge who will be favorable to our cause, priceless!!



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  • drirshad
    07-29 06:50 AM
    old pork chops arn't gonna get any good ideas so better show some courtesy ......




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  • ItIsNotFunny
    10-30 04:45 PM
    Dude you have the AP use it... I have travelled on AP multiple time no issues. I have an approved H1 which I dont use any more...

    All the best

    You serious that you have valid H1B but you travelled and entered back on AP?

    Why would you do that?



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  • benbear
    11-09 09:07 AM
    It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.

    So,from , EB receipt in Sept vs. receipt in Oct = 2:1

    150k in Sept. include both EB(100K) and FB (50K).
    (Note: assume received FB every month 50K. 50K is a reasonable assumption,
    otherwise it's no way for USCIS to approve 800K AOS a year.)

    Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.

    Out of the 655k total, the key is lead time for FB approval, how many month?
    This is the key! If we assume average FB approval takes 6 month,
    then EB out of the 655k is 655K-50Kx6=355K.

    Add the 50K EB in Oct. Total EB backlog is 405K.

    Still the key is average FB approval time, any gurus has any idea.
    I am sure the time is not 12 month. If it's 12 month,
    then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!

    That same link you gave tells us that 655k is pending/back-log for AOS....




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  • glus
    03-19 11:29 AM
    If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.

    This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.

    I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.



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  • kookoo
    08-03 06:17 PM
    What the chances are of an inquiry between the USCIS and my Previous Employer?
    :confused:




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  • md2003
    08-15 09:19 AM
    I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).



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  • IneedAllGreen
    02-26 11:59 AM
    Two reason to go for Peoplesoft Softwares

    1) Peoplesoft Enterprise ERP package is damn popular among HRMS software user world. Peoplesoft (before Oracle took over them) were earning major money/client on that package.

    2) Peoplesoft Enterpriseone(This was JDEdwards earlier version of Oneworld ERP). Enterpriseone has strong Finance module which may helps you to grow in future in your professional career. You can be a functional consultant in finance or HRMS or both.

    You can join any of several consulting company who are in Peoplesoft/ORacle/JDEdwards ERP business and for which they need MBA kind of background for their functional requirement at their client site. Trust me its not hard to learn functional part of these ERP packages. There are DEMO version of these software available to download and you can have guide for free from Oracle website. If you need more information then do send PM on my ID. May be I can send you more information.

    Thanks
    IneedAllGreen :)




    I would like to ask the same question but a bit more specific.

    For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?

    Thanks




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  • Green.Tech
    09-24 01:47 PM
    Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.

    Seba,

    If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?



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  • Sakthisagar
    02-24 03:45 PM
    Yes, and Yes I am married and have dependendts so H4 also. Yes April 2010,

    You can extend it one week before, one thing you need to keep in mind, in some of the States, your Driver's Licence is as long as your H1 is valid, so that means you cannot legally drive any vehicle if your Driver's licence is expired, usually DMV never accepts receipts they want to see the approved I-797.

    So there are some disadvantages if your visa expiry date is so close, usually people apply on Premium processing giving more Extension fees. Premium Processing USCIS have to answer you within 10 working days. at least you will get the RFE before 10 days.




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  • chanduv23
    07-21 03:17 PM
    I am in same boat, I took a Infopass today and met with a IO in NYC. She said she will do the needful as the dates are current by communicating with TSC and if nothing happens I have to come back in 45 days. I do not have hopes but lets see what happens



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  • pathiren
    07-19 10:14 PM
    Congrats to all those who are lucky enough to file their I-485 by August 17. I am kind of on the unlucky side. My mandatory labor recruitment wait period of 30 days end on August 17. Wonder if anyone has any idea about I-485 availability or unavailability by september or october or may even next time this year to use up the available numbers.

    I appreciate all your responses.

    Thanks
    HP




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  • Anders �stberg
    September 27th, 2004, 11:41 AM
    I did hear, however, from a reliable source, that Canon will be upgrading the next 1D Mark II to have an in-camera phone.
    What a nightmare... just when you're about to take that photo of the bride-groom putting the ring on the bride's finger your camera rings with a loud polyponic hip-hop melody ... :)



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  • yabadaba
    11-06 02:13 PM
    dude...ur i-140 is also not approved..sit tight




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  • rjgleason
    September 27th, 2004, 08:57 AM
    Rob, What have you been eating? :D

    I did hear, however, from a reliable source, that Canon will be upgrading the next 1D Mark II to have an in-camera phone.




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  • prakgc
    07-21 09:37 PM
    For all those who are having nightmares about G325A and sending GA325 or for completeness need not worry if visa was issued more than a year back based on this.... I found this from the link provided earlier in this thread(pdf) by ushkand

    Establishing completeness of records may entail preparation of a request for
    background check from an American consulate or embassy.
    The G-325A Biographic Information form must be completed by all
    applicants between the ages of 14 and 79. Clerically processing this form
    initiates a record check abroad for the applicant. This request, however, is not
    needed for all applicants. If the applicant entered the United States more than
    a year ago, the G-325A will not be processed. This limitation is imposed
    because the Department of State generally destroys the nonimmigrant visa
    application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
    green, pink, and blue copy. You will only need to use two legible copies,
    usually the white (file) and the blue (consul) copy. The only exception to this
    rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
    is required to submit a G-325A for the underlying I-130 petition. In this
    instance, you would include the pink copy of the G-325A in the record of
    proceeding of the I-130.
    Further, be aware that if an I-130 petition is included in the A-file, the spouse
    of the applicant of the I-485 is required to submit a G-325A for that riding
    petition. The spouse’s G-325A should be included in the record of proceeding
    and not processed according to these instructions. It is considered a
    supporting document and will be reviewed at the time of adjudication.




    gchopes
    08-04 04:04 PM
    my2cents - Agreed and Understood. But what if you are not on H1/H4 and just on EAD/AP aka AOS status. In that case you cannot mail the second AP and return on that. You need to return on the first AP.

    Not True


    All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.

    After approval, you can mail them.

    I have known 2 person whose spouses came without problem.

    Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.




    Templarian
    11-23 12:42 PM
    Good luck guys. :fab:



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