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  • mrajatish
    09-17 04:19 PM
    Given the current retrogression and the fact that you are from India, I would think 100 times before immigrating to US. I know this advice will be useless because you will probably think that "hey, look at this guy currently in the immigration queue and waiting for his GC, but advising my brother to do the opposite" - well, I have been in this rigmarole for too long to say that, if you have good opportunities elsewhere, think about them. If I knew about the problems of getting GC in US, I would definitely planned things a bit differently, just my 2 cents.




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  • kirupa
    11-26 08:58 PM
    Silverlight is a runtime - it really doesn't have a focus :P

    This site focuses on the apps used to create content for the runtimes - Flash, Silverlight, WPF. I put Flex Builder and Visual Studio in the developer corner, and I put Expression Blend and Flash CS4 into a more designer corner.

    The content on this site revolves around using Flash or Blend to create Flash or SL/WPF content.




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  • buddhaas
    02-02 03:57 PM
    Why Is H-1B A Dirty Word?
    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:



    * H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
    * The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    * The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    * The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    * The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.

    Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.

    source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form




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  • pateketu
    08-17 10:22 AM
    DesiGuy,

    What difference did you find in work culture in UK vs US, I have heard racism and favoritism is very common when it comes to promotion and stuff, is that true?



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  • cool_guy_onnet1
    06-01 01:51 PM
    unfortunately anything that says/reads no cap on h1 will be shot down as soon as it takes off...
    Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.




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  • natrajs
    09-03 12:06 PM
    Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.

    Guys ... kismet changes!

    Congrats and Best Wishes, I wish I get my GC too



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  • hsingh82
    06-15 11:26 PM
    Indonesia

    I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!




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  • sr123
    02-11 10:13 AM
    As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)

    Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.

    So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.



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  • ppp
    01-17 12:40 PM
    Hi all,
    I recieved AINP File number on Nov -05-2009. Since then i havent recieved anything else.Can anyone send me the link to check the processing time for AINP, a part from the this link (Alberta, Canada - Immigration : Processing times (http://www.albertacanada.com/immigration/immigrate/processingtimes.html)).

    Thanks in Advance.
    PPP




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  • LostInGCProcess
    09-18 04:25 PM
    If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?

    NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.



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  • number30
    07-26 02:12 PM
    In India 3 year grad are arts, humanities, science, management and accounting.
    while 4+ year degrees are for technology, engineering, agriculture, medicine.

    UK (some parts of europe as well) and Australia seems to have similar system in some of its university.

    even some US universities have rightly adopted the same
    fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
    Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
    Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
    The point is the content is more important than the duration.

    I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.

    I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
    U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)

    It is better to consult attorney to handle it properly.


    The issue not the three year degree But It is 16 year education or 15 year education to attain the degree. In UK it still takes 16 years education to attain the Bachelors.




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  • reachinus
    10-31 10:20 AM
    They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

    Hope this helps.

    your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.

    .......
    They issue I-94 based based only on the expiry of the visa stamp.



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  • vik352
    12-08 11:58 AM
    Her H4 is not valid. She did travel to India without an approved AP.

    Can we cancel her GC application and bring her back on H4?

    Any other options?




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  • pani_6
    08-23 10:49 AM
    People who have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..



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  • manusingh
    01-08 10:06 AM
    My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

    Here is the immigration status so far:
    1. Current H1 valid from Oct 09-Sep 11 with I-94
    2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
    3. Had L1 visa stamping in Jan 2006.

    So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

    Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

    Now my last option is to apply for AP for my wife while she is in India.

    Can I apply for AP when she is in India?


    Thanks

    Hi

    Does your wife got H-1B stamped, could you pl send us all details. It may help us.




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  • thomachan72
    04-12 08:28 AM
    Hi guys,
    I am a new bie but in deep trouble,
    My case is like this

    Have valid I-797 - till - Jan 16,2009 ( now expired right )
    Valid I-94 - till -Jan 24 , 2009 ( now expired right )
    Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
    Applied for premium in -- Feb 26, 2009
    RFE -- Mar 2, 2009
    Denied -- Mar 31,2009

    Trying to transfer my H1- to another product company under premium.


    I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

    Please correct me if this is incorrect ???? gurus please help me,

    As I know I dont have any status but denial letter says appeal with in 33 days.

    Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

    Is it possible to transfer with out appeal or MTR for the current denial ?


    Please advice, as I am already running out of time....



    thanks
    jvs

    very sorry to hear about that. why dont you go for an apeal? what was the reason for denial? what was the RFE for? was this your first extension? give us more details to analyze the situation.



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  • rb_248
    09-08 09:17 PM
    Cograts!! rb_248..

    Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:

    Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.




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  • pappu
    11-09 10:46 AM
    All,

    IV has put in significant effort in creating this survey to map the strength of our community.



    http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36

    The objectives of this survey are:
    •To counter the bogus anti's claims on H1s.
    •To improve the brand image of IV community as a set of sophisticated highly-skilled immigrants who have and will contribute further to this country.
    •To ensure that aspiring immigrants get a better picture of US immigration and immigrants..

    Please utilize this opportunity to:

    * Provide an honest feedback on your strong contribution to the USA.


    A genuine feedback will help us communicate the reality to lawmakers with a lot of credibility. None of the individual responses will be shared. It will remain confidential with IV. Our goal is to highlight the collective strength of our community and underline its importance to the value add for this country. You may have to do some homework to fill in ball-park figures. This will be worth it for individual and group confidence. We look forward to your responses.


    See the survey here http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36

    Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.




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  • ujjvalkoul
    01-17 06:08 PM
    2 months is another long wait....I guess it cud be more ....

    Was your at Nebraska Service center too?




    sobers
    07-04 12:06 PM
    "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."

    http://www.latimes.com/news/local/la-me-skilledvisa3jul03,1,1670817.story?page=2&cset=true&ctrack=1




    GC_1000Watt
    12-04 06:12 PM
    1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.

    2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)

    3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.

    4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.

    5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.

    It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.

    Thanks for sharing your experience. I will get back to you if I will have any further questions.



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