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  • va_il
    05-02 12:29 PM
    mrajatish is right.

    Also, if you have an advanced degree from an acredited university outside US AND have been working for 3 years in a related field, you will also be exempt from the cap regardless of whether you are applying/have applied in EB2 or EB3 (believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree).

    I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.




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  • h1techSlave
    07-26 10:42 AM
    I agree with you 100%.

    If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.

    A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.

    We EB3 guys have to work together. In a couple of year you will not find a single EB2 guy here as they will have their GC's. I hope some senior member can give some guidance on how we should proceed to take up our cause.




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  • rajbgp2002
    05-02 02:31 PM
    http://www.tmcnet.com/usubmit/2006/05/02/1632215.htm


    SIA Urges Support for 'SKIL Bill'; Cornyn Bill Would Help High-Tech Industries Facing Shortage of Scientists and Engineers

    SAN JOSE, Calif. --(Business Wire)-- May 2, 2006 -- The Semiconductor Industry Association (SIA) today expressed strong support for S. 2691, legislation known as the "SKIL Bill" (Securing Knowledge Innovation and Leadership). The bill was introduced by Senator John Cornyn (R, TX) and co-sponsored by Senators George Allen (R, VA), Wayne Allard (R-CO), Robert Bennett (R-UT), Michael Enzi (R-WY), and Trent Lott (R-MS).



    The legislation has four main provisions supported by technology companies:

    -- It reforms both the H-1B visa and employment-based (EB) green card processes by exempting U.S.-educated foreign workers with advanced degrees from the H-1B and EB quotas.

    -- It creates a flexible, market-based H-1B cap. The current limits on such visas were reached in August 2005, preventing U.S. employers from utilizing H-1B visas to hire workers with critically needed advanced skills until October of 2006.

    -- It extends the optional post-curricular training program for foreign students to 24 months from the current 12 months. This provision would make it easier for skilled individuals to go from student to green card status.

    -- It exempts immigrant spouses and children of EB and green card workers from the annual cap, thus making more visas available for highly skilled workers.

    "America is simply not graduating enough scientists and engineers to keep our country in the forefront of innovation and technology," said SIA President George Scalise. "The provisions in Senator Cornyn's 'SKIL bill,' as well as similar provisions in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist and Senate Judiciary Committee Chairman Arlen Specter, address our critical shortage of scientists and engineers. The Congress must quickly pass legislation to keep foreign-born, U.S. educated talent working for U.S. companies. Leadership in technology has been critical to driving economic growth, enhancing productivity, improving our standard of living, and ensuring national security. Leadership is not a birthright -- it must be earned, and it takes highly skilled scientists and engineers to earn leadership," Scalise concluded.

    About the SIA

    The SIA is the leading voice for the semiconductor industry and has represented U.S. semiconductor companies since 1977. Collectively, the chip industry employs a domestic workforce of 225,000 people. More information about the SIA can be found at www.sia-online.org.




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  • chanduv23
    07-09 11:33 AM
    I just PM . There is a report from washington post who is trying to do a story about the flower campaingn.

    Story for the Washington Post

    --------------------------------------------------------------------------------

    Hi all,

    I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.

    Thanks!
    Xiyun

    email:yangx@washpost.com
    office phone: 202 334 6701

    Excellent stuff. Lets get more and more media attention - good going folks.

    Just wondering what is 12 million illegals sent flowers :D :D :D



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  • vban2007
    06-01 04:41 PM
    Sent email... Thanks again




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  • dpp
    07-27 09:23 PM
    I was looking at the comments of one "sodepressed" in the Ron gothcer's forum..I am feeling really bad for this guy..I dont know what logic USCIS follows..but I assure you EB-3 I will fight for fair share and get it..with in 140 K numbers or thro Visa recapture #'s..first is to highlight our problems..so lets do it in creative ways...

    EB-3 I I can see we progressing very soon..lets send out those letters..


    :)

    Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.



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  • anzerraja
    07-19 08:27 PM
    Could you please help us doing that ? I asked GSC999 for the same thing. There is no reply yet.

    can you create an excel sheet in google and share it so that it is easy to track the contribution




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  • InTheMoment
    06-17 10:56 AM
    Pure unadulterated wishful thinking... if I may !



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  • indigo10
    11-17 06:19 PM
    Done, Thanks.
    Sent to my friends too.




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  • drona
    07-03 02:41 PM
    Should we start a poll to see how many we have? I am in.



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  • akhilmahajan
    02-09 12:34 PM
    Bump..............




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  • virald
    01-21 03:30 PM
    Hello

    I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
    Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?


    This is the question I have too. I have certified PERM copy with me, but I dont think I have the cover letter (job duties) for the PERM. Using AC21, what duties should be written by the new company? One field I see on ceritifed labor is "Non technical job duties".

    Any suggestions?



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  • feedfront
    09-15 04:55 PM
    I am all in for donation.




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  • rchopra
    08-26 04:49 PM
    It seems, you got a better luck than many of us....enjoy!!!


    Very strange i mail my I-485 on July 19th and got my receipts and check cashed. But I see other peoples who mailed July 2nd and they are still waiting for receipt? Why is that? Does not make sense.



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  • mhtanim
    04-25 06:10 PM
    Finally received my FP notice today after 7 months. FP appointment on 5/12.

    Did you make service requests for FP?




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  • gc28262
    07-20 10:29 PM
    If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
    I have my reasons to stay here which you will never understand.



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  • gc_on_demand
    07-08 10:07 AM
    desi - the reason we face all these issues is not because of anyone's fault.
    Reporting an employer is not as easy as it sounds.
    The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
    The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.

    The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.

    It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.

    People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".

    One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".

    Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.

    Just imagine what is this person's situation for no fault of his?

    We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......

    This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?




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  • saravanaraj.sathya
    08-01 01:48 PM
    I ve just filed my I-140 in Texas. I-485 applied in NSC...still waiting on the receipts..it seems to be a long wait....




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  • RandyK
    11-21 02:45 PM
    Mehul,

    I don't know what to say, I have been thinking all day about what you may be going through.


    Then I thought of what I would do if I were in your situation... I thought of people like Lance Amstrong and many others who have battled hard and have proven doctors wrong.

    Like many here suggested, get a 2nd or 3rd opinion.

    I hope and pray that you will find that inner determination to fight back.

    We are all behind you!




    gvenkat
    01-30 10:53 PM
    If no one is ready to give you a job, then LEAVE to your home country! Period! No one forced you to come to this country. And if you do not have a job then no one has invited you here. You are on your own! But if you want to stay, then abide by the rules. Get yourself into another visa status.

    What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!

    Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...

    So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man

    dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains




    saptaswara
    05-09 09:54 PM
    Under the circumstances we might like to approach the Hon'ble President by posting a well drafted letter (not more than a page). Let us see what happens. All letters should be posted withing a specific pre-determined time frame (within one week, say from June 1 to June 7) to create an impact. We might like to achieve a target of say 250,000 letters. This cannot go unnoticed.

    The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.

    As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.

    Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.

    Thanks and regards!

    Saptaswara



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