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  • nixstor
    11-16 02:59 PM
    but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
    Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will alwyas be a staement that says submission of this info is voluntary). t
    They cannot ask it if it is illegal, and clearly this information is used in the employment process.
    So, I am not so sure this is illegal.
    I am pretty sure that discriminating on nationality is illegal, but that is different

    Yes! An employer can chose not to sponsor a H1B and hire a USC or GC holder for various reasons (for examples companies dont hire H1b's for positions when they are laying off ). AFAIK, EEO doesnt consider a H1B applicant in the aspect you are talking. When EEO talks about National Origin, it is talking about any discrimination faced by you in case if you are denied a job given that you are Indian/Chinese/whatever.





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  • saggi13
    02-18 10:03 PM
    Aachoo, downthedrain, jazzbytheway, sushilup, rvr_jcop -

    question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
    question 2) did both you and your spouses I485 cases receive RFE?
    question 3) did both you and your spouses case have an LUD after RFE?

    have you guys received the RFE notices and if yes, what is USCIS asking

    thanks
    Sree





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  • shana04
    02-12 05:15 PM
    Friends,

    If any one needs AC21 letter format do let me know. I can give you the format.

    Good luck.





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  • leo2606
    08-08 06:09 PM
    Man... it is not that hard. Check the matrim web sites, lots and lots of girls on H1B or L1 visa in USA.



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  • nkhari
    07-19 10:30 AM
    sorry..didn't know her visa appointment.





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  • ZeroComplexity
    12-13 06:19 PM
    What I am finding is, there are not enough people to do the really complicated stuff. Because of demand and supply the salaries are going up for folks that do specialized tech work( say OS Kernel development).

    Then again, nothing in this world is too difficult, so lot of this stuff is getting pushed out to development teams outside of the US, where it's cheaper to get it done. The only downside is the ramp up time.

    There is a critical point when it becomes too expensive to hire anyone in the US and the folks elsewhere are sufficiently ramped up, at that point we can thank all those who are against employment based immigration and find an alternate career :)



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  • mundada
    10-10 02:05 PM
    I wish they invested in R and D and innovation and products instead of services. Service industry is mainly governed by dealing with cost efficient labor. These companies reach out to IITs IIMs get the best and brightest and dump them into the service sector and start earning on them.

    If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
    Service industry is not always based on labor cost differentials. Many services are value added services. For example, stock brokers used to charge $200 and above for stock trades; however, electronic brokers came and made the industry efficient and hence can profit more by charging only $10 or even less. But this does not mean that the stock brokers are earning less. In fact they are earning more than before. However, their value additions come from faster settlement times and high volumes. This is easier to analyze. Now look at London or Hong Kong -- what services it provides and why is it booming?

    High investments in R&D in general is good for economy but not necessarily true for a company. For example, German manufacturers are best R&D shops; however, their over investment in precision is precisely their problem. On the other hand Apple copied mp3 music players from Creative and made millions. One can find countless examples of skilled marketing (services) not innovative products making money. So don't assume that R&D investments are always good for a company.

    Finally, Wipro & the likes -- they have already opened up shops in China, Mexico, Brazil (yes)... and finally if dollar falls further they could actually buy the US companies and make them efficient (Honda and GM example).





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  • JunRN
    12-18 07:55 AM
    The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.

    That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.



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  • nrk
    11-01 01:19 PM
    Thanks for the information

    Google DHS USCIS ombudsman and you will find a link to form 7001





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  • chanduv23
    07-10 09:31 AM
    The idea is - use this guy and expose media that gives false news or that supresses real issues and force those types of media to bring our issue to limelight.

    I have heard all media saying "We are immigrant nation", "we need skilled immigrants", "'We are not racist", etc.. then again the same media says "Immigrants are overstaying visas", "There is quota, we cannot do anything", same media has supressed microsoft's news about the Canada development center just because it involved immigration.

    I am of a strong opinion that media is controlled by politicians, the reporters who said they will cover the flower campaign - chances are that their bosses may ask them not to or give them another assignment ???



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  • NNReddy
    09-19 08:11 PM
    My wife's case is moving back to TSC again from CSC. But I don't see anything on EAD and AP cases. May be they will be processed at CSC.





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  • kaisersose
    08-24 10:55 AM
    Can you vote as a GC applicant or even a permanent resident? NO

    You would think you could influence the Americans to support your cause and vote accordingly in the elections. FORGET IT!! Let alone the 2nd, 3rd, 4th.......17th generation American citizens, even the recently naturalized immigrants don't give a crap about us immigrants. The media and the politicians just have a field time with the immigrants (both legal and illegal) and some ignorant and dumb Americans (who don't usually vote) who get easily carried away by the emotions played both for and against immigration.

    The serious voters (this has been established by several polls) however, are quite aware that immigrants are not given relief and naturalized overnight and are obviously confident that it could take around 20 years for any immigrant to get naturalized. The issues for these serious voters are: Iraq war, economy (the dwindling housing market?), globalization, gay marriage, abortion, and imports from China.

    I wish good luck for IV and all those participating at the DC rally. NO, I can't make it, I am sorry.

    A very pessimistic and inaccurate outlook.

    If this was indeed true, there would have been no Ac21 act back in 2000. No PERM system would have been created to replace the cranky RIR system. The July 2007 visa bulletin would not have been reversed. Just look back at the last 10 years and see how many changes have happened in the system. Believe me, if apathy was their attitude, they would not have implemented any of the above and their inaction would not have impacted them in any way.

    Having said that, I must also caution some over-enthusiastic people who believe a walk in DC will solve all their immigration problems. We all certainly hope something will happen, but we should not be distraught if nothing happens. We just need to keep pushing instead of talking on a defeatist attitude due to setting wrong expectations out of one single rally.



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  • logiclife
    12-13 04:23 PM
    Fraudulent labor (http://www.murthy.com/news/n_lcsubs.html)

    Proposal to end it and lawyers' push to keep it alive (http://www.murthy.com/news/n_endsub.html)

    AILA's push to keep labor sub alive (see article dated 4/10/06) (http://www.aila.org/content/default.aspx?docid=8704)





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  • logiclife
    12-28 06:37 PM
    Hi logiclife,
    Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...

    I am suggesting that you talk to an attorney regarding questions on how to go to H1 status from EAD status.

    I dont know how that is done, and I am not even sure that the possibility of such a status change depends on exhaustion of 6 year limit of your H1.

    Please speak with an attorney so that you can make the right decision.



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  • shozee
    12-30 07:22 PM
    Im july 5th filer .Filed I140 and I 485 conc .Opened SR for FP because didnt recieve it till NOV .In NSC_CSC_NSC.next day after opening SR i got Fp notice .Obvously nothin to do with SR .Got reply for SR after a month which says " Status I-485 USCIS is waiting boimetrics info to produce permanent residency card "
    Any idea what would this statement mean ?
    I_140 & 485 fild July 5th 2007
    PD curent





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  • yabadaba
    07-31 09:39 AM
    I don't know anything else about these cases, was checking randomly and I see cases filed for 5th and 11th have updates.

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +++++

    Receipt Number: lin0720051244

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    ====================================


    Receipt Number: lin0720551216

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
    it doesnt mean anything....u will see receipts from yesterday and today also..please see other threads on decoding the lin/src numbers

    in the end it depends on when ur application was opened and entered into the system.



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  • vkrishn
    11-21 11:14 PM
    @Kaushal and digitial 2K. Please let me know what i can do. I am in the 16th district and her office is not too far from my place.





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  • BharatPremi
    03-26 11:09 AM
    Hello BharatPremi,

    I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.

    With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.

    The main text of the letter was:

    In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.

    In the footnotes, this was included:
    1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!

    No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.

    Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.

    Hope this info helps.
    Best of Luck for your case.

    Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?





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  • badlucky
    05-14 06:23 PM
    hmm, i think munnabhai did the right thing.

    sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.

    thanks





    widad2020
    06-12 09:28 PM
    This report is just released: Very interesting comments
    The U.S. retains its global pre-eminence in science and technology,with a big boost from foreign students,scientists and engineers, a RandCorp. report said.

    U.S. Still Leads the World in Science and Technology; Nation Benefits From Foreign Scientists, Engineers

    Despite perceptions that the nation is losing its competitive edge, the United States remains the dominant leader in science and technology worldwide, according to a RAND Corporation study issued today.

    The United States accounts for 40 percent of the total world�s spending on scientific research and development, employs 70 percent of the world�s Nobel Prize winners and is home to three-quarters of the world�s top 40 universities.

    An inflow of foreign students in the sciences -- as well as scientists and engineers from overseas -- has helped the United States build and maintain its worldwide lead, even as many other nations increase their spending on research and development. Continuing this flow of foreign-born talent is critical to helping the United States maintain its lead, according to the study.

    �Much of the concern about the United States losing its edge as the world�s leader in science and technology appears to be unfounded,� said Titus Galama, co-author of the report and a management scientist at RAND, a nonprofit research organization. �But the United States cannot afford to be complacent. Effort is needed to make sure the nation maintains or even extends its standing.�

    U.S. investments in research and development have not lagged in recent years, but instead have grown at rates similar to what has occurred elsewhere in the world -- growing even faster than what has been seen in Europe and Japan. While China is investing heavily in research and development, it does not yet account for a large share of world innovation and scientific output, which continues to be dominated by the United States, Europe and Japan, according to RAND researchers.

    However, other nations are rapidly educating their populations in science and technology. For instance, the European Union and China each are graduating more university-educated scientists and engineers every year than the United States.

    Policymakers often receive advice from ad hoc sources. Although their viewpoints are valuable, they should be balanced by more complete and critical assessments of U.S. science and technology, said report co-author James Hosek, a RAND senior economist. The absence of a balanced assessment can feed a public misperception that U.S. science and technology is failing when in fact it remains strong, even preeminent.

    �There is a pressing need for ongoing, objective analyses of science and technology performance and the science and technology workforce. We need this information to ensure that decision makers have a rigorous understanding of the issues,� Hosek said.

    Among the study�s recommendations:


    Establish a permanent commitment to fund a chartered body that would periodically monitor and analyze U.S. science and technology performance and the condition of the nation�s science and engineering workforce.

    Make it easier for foreigners who have graduated from U.S. universities with science and engineering degrees to stay indefinitely in the United States.

    Make it easier for highly skilled labor to immigrate to the United States to ensure the benefits of expanded innovation are captured in the United States and to help the United States remain competitive in research and innovation.

    Increase the United States� capacity to learn from science centers in Europe, Japan, China, India and other countries.

    Continue to improve K-12 education in general, and science and technology education in particular.

    The inflow of foreign students, scientists and engineers has been a key factor that has enabled the U.S. science and engineering workforce to grow faster than the U.S. is graduating native-born scientists and engineers, according to the report. Researchers found that foreign-born scientists and engineers are paid the same as native born, suggesting their quality is on par.

    But a recent reduction in the cap on skilled immigrant visas (H1-B) has the potential to reduce the inflow of foreign science and engineering workers, and the report argues that curtailing the supply of these scientists and engineers can lead U.S. firms to outsource more research and development to foreign countries and locate new facilities overseas. Rather than protecting jobs, this could lead to reduced investment and employment at home.

    Among potential weaknesses faced by the United States are the persistent underperformance of older, native-born K-12 students in math and science and the heavy focus of federal research funding on the life sciences versus physical sciences. Another unknown is whether an increasing U.S. reliance on foreign-born workers in science and engineering makes the U.S. vulnerable. In recent years, about 70 percent of the foreign scientists and engineers who receive PhDs from U.S. universities choose to remain here, but the stay rate could fall as research conditions and salaries improve abroad.

    The RAND report was sponsored by the Office of the Under Secretary of Defense for Personnel & Readiness and conducted within the Forces and Resources Policy Center of the RAND National Defense Research Institute, a federally funded research and development center sponsored by the Office of the Secretary of Defense, the Joint Staff, the Unified Combatant Commands, the Department of the Navy, the Marine Corps., the defense agencies and the defense Intelligence Community.

    The report, �U.S. Competitiveness in Science and Technology,� can be found at www.rand.org.





    ujjvalkoul
    07-27 02:53 PM
    From their tone, I can tell the were trying hard to be helpful.

    But, no receipt for me yet. July 2nd filer here as well.

    Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?

    Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ?
    This is paranoa!!!!!!!! STOP already