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sanjayc
10-15 02:49 PM
I saw the suggestion of asking lawyer to send AP while you travel to India without it. Although it sounds like a good idea but could be dangerous. I had a situation last year when I travelled to India with AP applied for but not approved. Unfortunately i had my old passport and visa damaged in India. When my lawyer wanted to expedite AP so that i can travel back as my old Visa was damaged and the only way to travel back was to use AP, they found out USCIS has issued an RFE on AP. Though RFP was trivial and they only wanted a clear copy of first page of passport and AP was approved immediately when it was submitted.
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fromnaija
07-11 03:24 PM
If you file 485 based on your previous approved 140, you are compelled to go back to your previous employer when your GC is approved.
So the options you have are:
1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.
2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.
The choice is yours.
So the options you have are:
1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.
2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.
The choice is yours.
VivekAhuja
06-04 02:22 PM
A few months of bank statements (with most recent balance)+ your tax docs for last year+ W-2 and most importantly a letter from your employer saying how long you have been there, salary and benefits, if any - should suffice.
2011 New York Mets David Wright
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]
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]
more...
sumansk
07-16 01:10 PM
Thanks for the update..But the 'bueatifulmind' cannot 'waitendless':D
vik352
12-08 03:19 PM
Thanks ashkam. I am still on H1, this is exactly what I needed to hear. I will confirm this with my attorney too. Thanks again!
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
more...
h1techSlave
05-14 12:19 PM
Yeah, that pretty much sums up my feeling also.
Morning is over. We all are in mourning since the bulletin went out...
Morning is over. We all are in mourning since the bulletin went out...
2010 New York Mets David Wright
mnq1979
12-11 01:19 PM
I have recently completed my MBA(Finance) through online university and tell u guys wat its really nice and tough. so go for it
its devry university with the mba school name KELLER GRADUATE SCHOOL OF MANAGEMENT...make a serach on yahoo n u will get it
its devry university with the mba school name KELLER GRADUATE SCHOOL OF MANAGEMENT...make a serach on yahoo n u will get it
more...
mmaxima
07-23 09:43 AM
I got a RFE for employment letter not matching closely to the PERM job ads. My 140 is under premium process. The new emplyment letter has been resubmitted. How long does it take for USCIS to make dicision on my case? Will it be process in priority because it's a premium process? Or there is no premium process after RFE? Thanks.
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keerthi
05-13 02:26 PM
Many thanks for that reply.
My core responsibility in the organization is Engineering. As a side note, I also manage the Engineering team. I suppose that L1-B suits my role.
I would also let my employer know of the H1-B option. In the meantime, I will ask my employer to withdraw the L1-B appeal from AAO and file a new L1-B with proper documentation or a H1-B.
But, can we apply for a H1-B when my L1-B is pending in the AAO?
My core responsibility in the organization is Engineering. As a side note, I also manage the Engineering team. I suppose that L1-B suits my role.
I would also let my employer know of the H1-B option. In the meantime, I will ask my employer to withdraw the L1-B appeal from AAO and file a new L1-B with proper documentation or a H1-B.
But, can we apply for a H1-B when my L1-B is pending in the AAO?
more...
sledge_hammer
07-01 12:54 PM
The amended H-1B by itself will not be an issue when it comes to GC.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
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kirupa
03-05 11:10 PM
No problem Ames. I have split your entry into its own thread.
:)
:)
more...
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hourglass
07-16 05:43 PM
"The formal announcement of the CIS �solution� has been held up because they need to receive approval from the Office of Management and Budget. This suggests that the CIS solution may include one or more changes to the existing regulations. In any event, all sources are reporting that, at a minimum, all July filings will be accepted. The possible regulatory changes suggest possible far reaching solutions that go beyond the immediate problem"
where do you all see/consult for updates or news on USCIS activities?
where do you all see/consult for updates or news on USCIS activities?
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Administrator2
01-25 07:34 PM
Congressman Flake reintroduces STAPLE Act to renew the focus on competitiveness.
PRESS RELEASE
Congressman Flake Reintroduces the STAPLE Act
Bill Will Help to Keep U.S. Technology Industry Competitive Globally
Washington, D.C., Jan 25 - Republican Congressman Jeff Flake, who represents Arizona�s Sixth District, today re-introduced the STAPLE Act (H.R. 399), which would exempt foreign students who have earned a Ph.D. degree in science, technology, engineering, or mathematics from a U.S. university and have a job offer in the U.S. from visa quotas.
�Unless we want to see the next Google or Intel created overseas, we�ve got to enact legal immigration reforms that allow foreign-born, U.S.-educated students who have earned advanced degrees to remain and work in the country after they�ve graduated,� said Flake.
�At a time when there�s a lot of focus on keeping the U.S. competitive globally, if we don�t keep these highly-skilled workers in the U.S. after they�ve graduated, we�re going to see the next round of high tech companies created overseas rather than here in the United States.�
US Congressman Jeff Flake (http://flake.house.gov/News/DocumentSingle.aspx?DocumentID=221159)
PRESS RELEASE
Congressman Flake Reintroduces the STAPLE Act
Bill Will Help to Keep U.S. Technology Industry Competitive Globally
Washington, D.C., Jan 25 - Republican Congressman Jeff Flake, who represents Arizona�s Sixth District, today re-introduced the STAPLE Act (H.R. 399), which would exempt foreign students who have earned a Ph.D. degree in science, technology, engineering, or mathematics from a U.S. university and have a job offer in the U.S. from visa quotas.
�Unless we want to see the next Google or Intel created overseas, we�ve got to enact legal immigration reforms that allow foreign-born, U.S.-educated students who have earned advanced degrees to remain and work in the country after they�ve graduated,� said Flake.
�At a time when there�s a lot of focus on keeping the U.S. competitive globally, if we don�t keep these highly-skilled workers in the U.S. after they�ve graduated, we�re going to see the next round of high tech companies created overseas rather than here in the United States.�
US Congressman Jeff Flake (http://flake.house.gov/News/DocumentSingle.aspx?DocumentID=221159)
more...
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javadeveloper
09-23 10:07 PM
My company giving copies only!!!They said they'll send me originals if I need them!!!
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waitnwatch
04-06 10:41 PM
the bill looks as good as dead unless there is a miracle overnight
http://today.reuters.com/investing/financeArticle.aspx?type=bondsNews&storyID=2006-04-07T031746Z_01_N06381163_RTRIDST_0_USA-IMMIGRATION-UPDATE-4.XML
http://today.reuters.com/investing/financeArticle.aspx?type=bondsNews&storyID=2006-04-07T031746Z_01_N06381163_RTRIDST_0_USA-IMMIGRATION-UPDATE-4.XML
more...
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ruchigup
08-22 03:54 PM
Ruchigup, Are you sending AC21 document? I am also leaving my current employer and taking AC21 route. I am retaining my lawyer. He is supportive and hopefully, will not ask retainer fee as he knows that i paid all my gc cost.
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
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gc_check
01-19 09:06 PM
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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jk333
07-17 07:15 PM
is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
trucks55
06-04 03:46 PM
I had recent gt my in-laws visa stamped at chennai consulate, i has send my 3 months bank statements from my online statements..
hope this help you ...
hope this help you ...
voldemar
03-26 10:10 PM
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
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