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  • rpat1968
    09-03 11:42 AM
    Still Waiting... Frustrated after seeing so many out of turn approvals for later PD's.

    PD : 08 July 04 ND : 08/09/2009
    Last LUD : 04/14/09 (Aftter Replying to EVL RFE for Primary and Marriage Cerificate for Spouse).

    Be Patient, i do fee that all whose pd is before jan 2005 EB2 India will get their GC.
    Hang on there, you will get it, more than likely by EOD today.




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  • ras
    02-07 12:18 PM
    Any guess!!!




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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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  • mundada
    07-12 09:50 AM
    This definitely is related to CIR!



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  • justAnotherFile
    11-21 01:47 PM
    See body of email below....

    Hi,

    I would like your highly successful program to do a show on the "Plight of Legal High-Skilled Immigrants". The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).

    There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.

    All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
    years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.

    I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.

    What does it take for congress to pass some relief? Just some simple relief measures
    1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
    2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
    3. Do not count spouse and dependents towards the annual number
    4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .

    60 minutes is a highly regarded program that brings to focus issues that impact adversely law-abiding people and issues that impact America as a nation. I would request you to air a program on the plight of legal high-skilled immigrants to bring this highly important issue to national focus.

    regds,
    xxxxxx




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  • DDash
    08-30 01:07 AM
    Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.

    If the other party came to know that the conversation was recorded, they can counter sue.

    Here is a link for laws surrounding this in each states.

    http://www.rcfp.org/taping/



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  • ruchigup
    08-22 04:17 PM
    Why do u need them for gc ? Your 485 is already pending.
    Right now Baker McKenzie represent my I-485 case. After I am no longer with my current employer, I need to file G-28 to change my attorney representation.




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  • rameshvaid
    09-16 11:17 PM
    Done ...


    RV



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  • ujjvalkoul
    03-06 11:16 AM
    Mine was at Texas Service Center.
    For EB2INDIA: I filed to get my EAD corrected 3 months ago...no RECEIPT NOTICE yet..


    Did you get a RECEIPT NOTICE or you directly received ur Card after 3 months w/o any receipt notice?




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  • desi3933
    01-31 06:39 PM
    hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?

    There is no 6 months requirement. PERIOD.

    As long as dependent relationship existed at the time of I-485 approval, she can either file I-485 (if in USA) or can file in home country for immigrant visa (follow to join).

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • kola
    05-08 01:09 PM
    Thanks every one.I have to just wait and see how my 140 goes




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  • marlon2006
    06-13 02:49 PM
    Hi Renata,
    I am from Brazil as well. My PD is April 2002. This cut-off date is making my professional life miserable. My wife questions on whether it is worthed the wait or we should just go to the South in Brazil and enjoy professional freedom there.

    I hope that the potential unused visas from EB2 World can get transferred to EB3 World in October. Also, who knows perhaps the visa numbers on October 2006 can make our dates advance to 2002 ? Let's see, but in this process, nothing is certain. The only thing that it seems certain is that USCIS/DOS made a remark that advancement in cut-off dates should slow down or even retrogress further this Summer. Gloom scenario.


    Hi camberiu,

    my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!

    Renata



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  • gc_chahiye
    07-20 03:49 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?

    1. Can I apply EAD myself?


    yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.


    2. will I get in trouble if I do not have EAD and my H1 expires?


    status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.

    Not sure why you want an early H1 extension filing...




    3. Can I move to new employer using AC21 without EAD?

    yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.




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  • Mumbai_girl
    12-02 11:22 AM
    I would very much appreciate if I could get your input in the following situation.
    I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.

    If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.



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  • Jaime
    08-17 01:01 AM
    The HSMP looks very attractive if you don't know the details. Yes, you get a visa even without a job offer but they give you only one year to find a job. After 1 year in the UK you'd better have a job or you will most likely send you back to your home country (you go through a government review after 1 year). Of course, if you find a good job during that first year you should be OK.

    The pro I see in this is that if you are patient and work for 5 years in the UK you will get your EU passport and yo now have mobility to other parts of Europe where the IT and other industries might be better (like Ireland)




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  • rjgleason
    May 23rd, 2005, 02:41 PM
    I like them all Gary, but agree with Chris about the cloning out that bright white rock , or whatever it is, in the first one. Also, unless you've been there before, it's difficult to capture the enormity of those rocks. The footpath catches my eye in the second photo which gives some perspective on where you are positioned. It looks like you are a quite a bit above and working your way down to the path. The 3rd pic looks like a crop? of the upper-center of the 2nd pic? And lastly, can I apply for a job where you work so I can travel too!

    QJ: I thought we were going to Exmor??



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  • gc_aspirant_prasad
    06-22 05:19 PM
    Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?

    :-) Super! May be you can get him to donate that 30% to IV instead of a pay cut.




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  • GLIX
    02-22 06:14 AM
    it was already at july 13, 2006, now it's back at june? how could that happen?:confused:




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  • krajani2007
    12-14 12:11 AM
    Cross country chargeability worked for me but you have to be persistent in sending the docs couple of times ; call them or take an appointment with IO as last resort. I got it in 3 months after using this option. I had an RFE for using AC21 but finally got it approved




    newbee7
    04-12 02:48 PM
    If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.




    GooblyWoobly
    07-18 07:00 PM
    read the last paragraph of the link you posted

    Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.

    Thanks. Clear as day!! This sucks.

    This meand all the people here filing in July will have to shell out 340$ for EAD and 305$ for AP each year.

    Can someone answer Q2?



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