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  • oliTwist
    01-10 08:46 PM
    I had gone through the layoff thing during 2001-2002 time. Maybe, I might be mistaken. But I feel that time it was even worse.





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  • Jaime
    09-04 10:40 AM
    With 100,000 already gone, and with frustrations growing at a boiling point, the pressure being applied upon us will force us onto the path of least resistance. How long before we are all gone? If you are an American reading this, did you know that every other industralized country faces declining population? Do you really want the future population growth of the U.S>to come solely from illegal Salvadorean maids? Do you wnat the high-skilled people to move away to China and India and then see your quality of life deteriorate?

    http://www.sptimes.com/2007/08/23/Business/US_faces_decline_in_s.shtml

    U.S. faces decline in skilled workers
    New study says the wait for a green card frustrates immigrants.
    By Madhusmita Bora, Times Staff Writer
    Published August 23, 2007

    The only barrier stalling Arun Shanmugam's ascent in the corporate world is a small card that would proclaim him a permanent resident of the United States.

    The green card, which isn't green in color, would help him snag the next best opportunity, launch his own company, and enjoy homestead tax rebates.

    So, this year the Tampa software engineer joined a queue of more than 300,000 immigrants vying for the coveted card. But a severe backlog is forcing high-skilled workers to question their American dream.

    On Wednesday, a Kansas-based private, nonpartisan foundation released a study warning that America could face a sizable reverse brain drain unless the government eases visa restrictions, increases the quota and speeds up the process. The Kauffman Foundation said that there are more than 1-million skilled immigrants including doctors, engineers, and scientists competing for the approximately 120,120 green cards issued each year.

    The uncertainty of the process and the imbalance in the demand and supply could trigger a trend of highly trained immigrants returning to their country and moving elsewhere.

    "It's the first time in American history that we are faced with the prospect of a reverse brain drain," said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and a co-author of the study.

    "There are so many business opportunities in Shanghai and Bangalore, why put up with all the immigration crap?"

    Many of the green card applicants are on a six-year H-1 B visa. The non-immigrant work permit keeps them wedded to a single employer. Immigrants who have applied for a green card can continue working on an extended H-1 B visa until the card arrives. But they can't change employers, or start their own companies. Their wait time is open-ended, made longer by a Congress-mandated quota for the visas and severe backlogs in the system.

    Frustrated with the system, in the last three to five years, 100,000 highly skilled Chinese and Indian immigrants have returned to their home country, Wadhwa said.
    In a fiercely competitive global economy, this is the worst time for such an exodus, experts say.

    "Our previous studies document that highly skilled workers accounted for one quarter of all successful high-tech start-ups in the last decade," said Robert Litan, vice president of research and policy at the Kauffman Foundation. "If we send a lot of these people back home, we will lose a disproportionate number of entrepreneurs."

    And the ripple affects are already emerging in the Tampa Bay area.

    "It's a huge problem," said Ray Weadock, CEO and president of Persystent Technologies. "The guys in Washington don't think much and their initial reaction is this will impact Cisco and Microsoft."

    But smaller companies take a bigger hit, because they don't often have the capital to send jobs to where the labor is, Weadock said. Weadock's company, which employs Shanmugam, is toying with the idea of setting up a subsidiary in India.

    Companies aren't the only ones chasing the labor market. Schools and universities are also jumping into the wagon. The population of international students in MBA programs across the country continues to dwindle, said Bob Forsythe, dean of the College of Business at University of South Florida.

    "And the demand for American business schools to go deliver programs in other countries have increased," he said.

    Harvard University and Northwestern's Kellogg School of Management are among a growing number of schools that have a presence in India. At USF, Forsythe's team is negotiating a venture in Romania.

    The visa problems here have encouraged governments worldwide to ease visa restrictions in their countries and nab the high skilled workforce.

    "There's a lot of mention of Canada," said Chandra Mitchell, an immigration attorney with Tampa-based Neil F. Lewis.

    Amar Nayegandhi, a USF graduate and a contract employee with the U.S. Geological Survey, has been waiting for his green card since 2002.

    He may soon give up, he said. The long wait has cost him job opportunities, forced upon him a commuter marriage and restricted his economic mobility. His H1-B visa runs out in February, and even though he can extend it and continue awaiting the green card, he's contemplating leaving the country.

    "I have friends who have gone back simply frustrated with the setup," he said. "I am asking myself if this is really worth it."

    Shanmugam of Persystent Technologies says he, too, will only wait for about a year before considering giving up his spot in the line and heading back to his native India.

    "This is not the only place to be anymore," he said. "You can find better opportunities everywhere."

    By the numbers
    200,000: Employment-based applicants waiting for labor certification in 2006 - the first step in the U.S. immigration process.
    50,132: Pending I-140 applications - the second step of the immigration process. That's seven times the total in 1996 of 6,743.
    125,421: Estimated applicants residing abroad who were waiting for permanent residency status.
    100,000: Estimated number of highly skilled Chinese and Indian immigrants who have returned to their home country in recent years.

    Highlights of Kauffman Foundation reports
    - Foreign nationals are contributing to one out of four of all the global patents filed in the United States.
    - One quarter of all tech companies nationwide and 52 percent of tech companies in the Silicon Valley were founded by immigrants.
    - More than 1-million skilled workers and their families (scientists, doctors, engineers, Ph.D. researchers) are waiting for green cards. About 120,0000 green cards are issued each year with a 7 percent limit per country.
    -Hundreds of thousands of skilled immigrant workers may get frustrated with the waiting process that could be 6 to 10 years and leave the United States. The reverse brain drain could be critical to Americans corporations and hurt the country's competitiveness in a global economy.
    - Immigrant-founded companies produced $52-billion in revenues and employed 450,000 workers in 2006.

    Madhusmita Bora can be reached at mbora@sptimes.com or (813) 225-3112.

    [Last modified August 22, 2007, 23:19:43]





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  • gc4me
    07-05 07:53 PM
    My f^$%@ desi employer did not provide me the letter. I was eligible to file I-485 in june itself. Now, If I want to change my employer and port my PD, how can I do that? I don't have I-140 approval copy and my company and his attorney will not provide it to me. I have the receipt#. Can anyone here has port PD using the I-140 receipt #. Please post your reply and save me from a blood suc^#@ monoster. I have lost my sleep .....completely...please help me.





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  • Lasantha
    01-31 02:16 PM
    I am no expert but I think you are OK because of this phrase in your Labor.

    Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.

    I think the people who have problems with 3 year degrees do not have that clause in the LC. As long as you say suitable combination of Education , training or expeirence in lieu of stated requirements you should be fine.

    But it won't hurt to get a good Credential Evaluation. Try Sheila Danzig at http://www.degreepeople.com


    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.



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  • GCard_Dream
    07-13 05:41 PM
    Alright.. I had the power (zee.. I am so powerful) to give you some reputation in IV society and I did that because you sound like a very nice person. :D

    Now go and do some good work for this society like donating money to IV or doing volunteer work.. something of that nature to build up more reputation. :D

    It's good to find humor in difficult times like yesterday and today. I have seen so many funny posts today that I have been laughing my head off despite the uncertainty surrounding VB fiasco.


    Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D





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  • txh1b
    08-18 05:31 PM
    They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.

    Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes. A COS is not the way to go. A visa stamp or travel and re-entry may be a better way and note that it does not erase any earlier out of stay period.



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  • Rakson
    03-03 06:58 PM
    You have added important point for consideration. Thanks!


    I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...

    A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?

    Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).

    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?

    Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.

    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?

    Rajeev >> Yes, its possible if revoke is not due to fraud filing..

    1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?

    Rajeev >> No, this is not true. USCIS is still approving as before.

    2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.

    Rajeev >> Yes, this could happen as every filing is new and handled from starting.

    3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?

    Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.

    4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).

    Rajeev >> No, L2+EAD period is not counted like H1 & L1.





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  • senk1s
    09-25 08:30 PM
    at this juncture quota-exempt organizations looks like the most feasible option



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  • gc28262
    07-18 03:47 PM
    On H1B it is illegal for employer to enforce bond:

    Please read employees rights in DOL page:

    Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)

    Employee Rights
    H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.





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  • nhfirefighter13
    May 23rd, 2005, 04:37 AM
    I love the color saturation on the first one. Very well done. My one complaint ( a small one) is that bright object in the grass a little above and to the right of the watermark. I don't know if it's a rock or a stump or what but I'd suggest cloning that out.

    It'll distract those of us with "shiney-object syndrom" :D



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  • dealsnet
    11-08 02:06 PM
    Family based, majority (90%) is done by consular processing. AOS mostly for EB based. Petition for relatives is from the mother country, who is not present in USA for AOS. Yes - I agree with andy garcia

    I-130, Petition for Alien Relative
    I-140, Immigrant Petition for Alien Worker

    Both require a I-485 to adjust status





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  • jase21
    11-23 04:26 AM
    seems like flower by flocke button is lacking symmetry, or is it a design in its own sense.. But its beautiful.
    Its hard to vote for just one!



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  • raju123
    07-18 12:53 PM
    The Gandhi's philosophy indicates the peaceful protest against obvious injustice. The USCIS/DOS decision to stop accepting I 485 from July 2 was the obvious injustice due to couple of reasons; First, it is un precedent and legally not right to stop accepting I 485 when they made big weekend rush to use all visa. Second, No one can suddenly on and off as thousands of people preparing stuff in advance based on the visa bulletin.

    We can not use Gandhigiri for increasing visa number or expediting their immigration process. We can only request. it is not our right hence sending flower to PERM agency is not a good idea. Brahmastra (ultimate weapon) can be used at appropriate time only!





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  • alterego
    04-09 11:20 PM
    Take the offer on EAD as you are now legally eligible to do.
    In the unlikely event that something happens to your 485, you could then approach the program and ask them to do a H1 visa for you, otherwise you would have to leave the program. They would likely not risk losing GME funding.
    Nowadays getting a good fellowship has gotten rather difficult, I'd consider taking the small risk involved.
    Consult a good attorney to get their professional advise.



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  • Berkeleybee
    09-19 09:03 PM
    I hope you all took note of the fact that the article dates from May 6, 2006. Very old news. Discussed in the news article thread. IV also wrote a response to NYT.

    See
    http://immigrationvoice.org/forum/showthread.php?t=280&page=28





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  • santb1975
    02-15 11:45 AM
    After a friendly bump to No.Cal



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  • bfadlia
    03-22 09:51 AM
    may be two weeks later than the website indicated, but i got the approval.





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  • mudigondag
    05-27 12:56 PM
    Does anyone know how many days prior to expiration of EAD, we can file for extension?





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  • champu
    02-18 07:08 PM
    Kudos to desi3933!

    rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.

    Also, you may consider naming him/her Barack...;)





    vinayskadam
    11-24 01:22 PM
    @lj_rr:

    Thanks a lot for the quick reply, its really helpful.





    DSJ
    06-01 01:25 PM
    This news is going on for a while. It is a waste of time analyze same story from different website without facts (pending no's) and date of backlog clear.
    Note we have already seen their commitment to clear labor backlog, which has been postponed several times.

    The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?

    http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html

    3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.

    Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.

    Also, check out the sample points assignments at the end of the fact sheet.