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AILA Leadership Has Just Posted the Following:


Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer

Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.

The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.

More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).

The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.

While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)

Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.

Not sure if or how to PM docs - PM me your email if you like and I can forward them

How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !!
The question is not when they go but what they are.As they know that doctors come here for visiting..apply for residency and convert their visa..

Can the docs be sent thru Fedex??

I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.

Very rarely USCIS gives street address for sending application.

My Friends,

I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.

I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!

It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.

I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
{PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}

And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.

https://www.nvars.com/Production/userhome.aspx

Seems like NVARS has introduced a new process which is supposed to be more streamlined for getting appointment online but I am not sure of some of it's verbage.


We want to ensure that applicants already in the scheduling process are not negatively impacted by the change. In order to ensure you receive the visa services you have paid for, please review the guidance below regarding transition timetables.

* Applicants who have already scheduled an appointment at a U.S. consulate on or after September 1, 2010 through NVARS:

If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010 and bring your Scotiabank receipt with you to your appointment. If you have not already scheduled an appointment, we recommend that you wait until September 1, 2010 or later to pay the MRV fee and register through the new service.


I highlighted the text in bold. My appointment is scheduled for Vancouver on Sept 8. What does this mean to me? Will I need to be physically in Canada prior to September 1, to be able to go to a Scotia bank and make payment there? This is insane. I still haven't gotten my canadian visa stamped on my passport so I can enter Canada.

Anyone aware of this or impacted by this?

I think it makes a lot of sense in what Janakp is conveying. These online petitions are no good and will achieve nothing. It is better we meet our congressmen/senators and convey these issues to them or their staff.

Nice links dan, also nice update on the footer, with the beam approaching from the side. I likes again......

[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.

Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.

When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.

Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.

Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.

I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.

However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.

Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?

ALL: Please share your experience in this area.

fittan,
Thanks for your reply.

But i dont have any application pending with USCIS.
My I-140 is pending but that belongs to my employer,correct?
So I am confused if I should use InfoPass or not.

LT

First of all, Congrats !!

You should talk to a lawyer to get this clarified.

Currently on H1B 8th year extension which will expire on 25th June, 2009.

Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can�t file for I-485 since the EB3 date for India is unavailable.

There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

What are my other options not to go out of status or leave the country?

I have updated my profile..

That footer would kick arse to techno music. I love the techno music! I think you just aren't pleased with it because it's yours. I know I am not fully pleased with mine. But I keep getting compliments on it, so I guess it is good.

I guess it is because since you made it, you got to see it all the time, so to us it is new, but to you it is old, so we are like "oh wow" and you are just like "eh, its alright".

Nothing in this bill talks about the increasing EB VISA numbers but they have clause for the family based VISA numbers to about 1Million.I know Mr.Obama would bring "change" but it is not going to be good for us. Anytime he talked about legal immigration, he only made references to family based immigration backlogs. Never have I heard him talk about EB VISA backlogs.I think we are in for a change which not going be so good after all.

People need to understand that there are some legislators who might want to push legislation favorable to us. They can only do it if they can convince other legislators who are on the fence that:

1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.

2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)

3) These guys have the support of their employers.(they got/took/were allowed time off from work)

Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.

This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.

Well said!!!! An image is worth a thousand words! We ca write all we can and complain on here, but an image of thousands of peaceful protestors will stic in people's and legislator's minds, who will then be moved to action! THAT'S WHY WE NEED EVERYONE IN DC!!!!

I was looking for getting VISA for my Niece and Nephew, who are below 14yrs. But I didnt find an option for them not going to consulate.

it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.

Hi Folks, I have a question about traveling to India...

Want to travel from US to Indore, India. As I need to change planes either Mumbai or Delhi, how does it work?

1. I came to know that in Mumbai, it is just change of terminals, not airports. Am I right?

2. How about Delhi? Once I arrive at International airport in Delhi, to catch a domestic flight to Indore, is it change of airports or just change of terminals? Is there a shuttle provided?

Thank you very much and I appreciate an accurate response...

Here is the New Poll. I hope will give good analysis

I modified the height instead of the scaleY for the grid and that seemed to work. However I got some unexpected results. When I used the scaleY method all the children in the grid also scaled. But using height left the children's height unaffected. Is this how it should be? It seems strange that the grid below it would slide up as I had hoped yet the upper grid's child textbox and label sizes stay the same and in place.