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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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  • gc_chahiye
    09-23 02:11 AM
    Gurus,

    Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

    1) Is that o.k having copies only or we should have originals? If we do not
    have originals what bad may happen?

    2) Either my lawyer or I have not received any of my receipts but we
    received all receipts of my family. Is this normal? How long should we wait
    for my receipts before contacting USCIS? By the way USCIS already gave
    me my all numbers for teh receipts and according to USCIS my receipts
    already mailed on Sept 14th. What would be advisable action for me in
    this case?

    3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

    Thanks.

    - BharatPremi

    1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
    http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230

    2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.

    3. our receipt also had the PD field blank. Apparently thats normal




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  • texanmom
    08-31 12:58 PM
    You guys are all silly! But thanks for the much needed amusement factor! I had a good laugh reading all your posts!




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  • gk_2000
    04-21 09:41 AM
    Friends,
    I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.

    Thanks,
    nmdial

    I heard Sugarland has good concentration of desis..



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  • GCisLottery
    11-02 10:35 AM
    Folks,
    Please don't give wrong information so authoritatively :)

    Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.

    If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.

    Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).

    Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.




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  • ash27
    04-01 06:08 PM
    At the time of adjudiciation, can we show permanent offer letter from any employer? For e.g. If 1 filed GC through Employer A. After receiving EAD, 1 switched to employer B. At the time of adjudiciation, can we use permanent offer letter from Employer C for Green Card.

    Any information will be highly appreciated.

    Thanks,
    Ashish



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  • xu1
    08-24 01:43 PM
    hello days go by,
    kinda new here.
    is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?

    overheard most are EB2/3 cases and not many 245i cases.

    One thing for sure is that no file in BEC is EB1. The rest is all guess:

    If the historic information can tell the present and future, then roughly for every 2 - 3 EB3, there is one EB2...

    The trackers at immigrationportal show not many 01 files left, and there're still quite some 02 and a lot of 03 in both BECs. DBEC tends to process a lot of 04/05 cases recently in LIFO manner, whereas PBEC is a bit more FIFO recently barring some cases that came out of regionals..




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  • GCAmigo
    01-02 03:20 PM
    >>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.


    I got stamped in July-06 while my existing stamp was valid up to 12/31/06..



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  • gcformeornot
    04-07 02:07 PM
    As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..

    Correct me if this is wrong...

    but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....

    Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....




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  • eb3_nepa
    10-19 09:43 AM
    So what is the rule? The salary should be exact or can it go up or down?



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  • REEF�
    06-06 05:28 PM
    I voted for those 3 vector ones and mine and a few more lol. I hope the guy who made the 3 vector ones with the birds/monkey thing wins - those are awesome.




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  • gc_peshwa
    09-22 09:59 PM
    Pappu
    Is there an IV action item defined for defeating this bill? Why has this been posted? Just curios....



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  • psaxena
    06-10 05:39 PM
    wow thats a news.. as your alias is "vivid" write something "different"(vividh) which we dun know.

    USCIS tops any other US pubic office in these 3 qualities
    1. Most greedy
    2. Most arrogant
    3. Most inefficient
    Reason is simple, their customers are mostly non-US citizens. Their prime objective is to earn as much money as they can for the US treasury, if that means 'Screw Immigrants' than let it be, who cares ?
    So any positive things like 10 years EAD/AP are dreams which will never come true...We should certainly put our case for 3 years EAD/AP combined document.




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  • ajay
    07-25 08:18 PM
    Folks,

    What is the best and most cost effective way to send some money home ?

    Till last year I was using the service from icici and was under the belief that the exchange rate was pretty decent. the service I believe was never free as they make up for service fee though the exchange rate.

    Today for example when I check on icici it says they will give a rate of 47.63 per $ which I believe means around half a rupee less per $ ?
    so for $1000 they are essentially charging Rs 500 (aound $10)

    I beleive previously they were giving around 25 paise less per $ and now it looks like it is 50 paise less per dollor ?

    Western union charges $15 and also gives a lower exchange rate than icici.

    So would that mean ICICI isthe best cost effective one ?


    Ideas ?



    Thanks,
    Try SBI service: SBI Global Link Services - US (http://www.onlinesbi.com/glsus/#)



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  • rockstart
    01-09 11:53 AM
    As far as I know he was allowed to board the flight. No issues there but there can be issues when he re-enters US. Since he was on B1 (10 year Multiple) he can stay max 6 months in US so he has I 94 till Apr 09 but if he say come in Oct 09 to US again the system might not have checked him off so it might display that he is still in US and he overstayed his Visa and so CBP will call him in for secondary inspection. As far as I know it can be resolved by showing flight ticket stub and arrival stamp in destination country etc. Its more if hassle than anything.




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  • gc_wannabe
    06-16 11:05 PM
    Hi- When I started off with the green card process, I had not idea about what most of the things meant. I joined a very reputable Fortune 500 company in 2006 (the same year I came to the US on a H1B), and started my GC process in 2007. The company offered me an pre-approved labor with a 2006 PD, which had a matching requirement w.r.t job description and salary.
    During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.

    And no, I'm not working for a consultant. And I have been with the same employer since 2006.

    Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)


    Thanks.



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  • brawn81
    11-25 03:32 PM
    Good work, but small modification.

    Just take out this phrase in the list

    or increase them to rational levels such as 10%-15%




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  • kumar1
    12-05 02:04 PM
    Mita, before you start your lecture, please explain your following idiotic comment....

    You made my day!!!!
    I was waiting for someone to spit venom at timesofindia but did not happen till today.




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  • morphthecat
    07-30 03:07 PM
    how is the baby supposed to sponsor the parents ??

    One option:

    http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):

    Cancellation of Removal
    Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.

    .....
    I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.




    don_don
    06-25 08:43 AM
    If I were you, I would wait till it is 1st of July. What if they reject it,,u loose more time than saving!




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    07-13 06:37 PM
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