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  • haddi_No1
    06-26 10:52 PM
    http://www.washingtonpost.com/wp-dyn/content/article/2008/06/25/AR2008062501945.html?hpid=opinionsbox1

    Building a Wall Against Talent

    By George F. Will
    Thursday, June 26, 2008; A19

    PALO ALTO, Calif. -- Fifty years ago, Jack Kilby, who grew up in Great Bend, Kan., took the electrical engineering knowledge he acquired as an undergraduate at the University of Illinois and as a graduate student at the University of Wisconsin to Dallas, to Texas Instruments, where he helped invent the modern world as we routinely experience and manipulate it. Working with improvised equipment, he created the first electronic circuit in which all the components fit on a single piece of semiconductor material half the size of a paper clip.

    On Sept. 12, 1958, he demonstrated this microchip, which was enormous, not micro, by today's standards. Whereas one transistor was put in a silicon chip 50 years ago, today a billion transistors can occupy the same "silicon real estate." In 1982 Kilby was inducted into the National Inventors Hall of Fame, where he is properly honored with the likes of Henry Ford and Thomas Edison.

    If you seek his monument, come to Silicon Valley, an incubator of the semiconductor industry. If you seek (redundant) evidence of the federal government's refusal to do the creative minimum -- to get out of the way of wealth creation -- come here and hear the talk about the perverse national policy of expelling talented people.

    Modernity means the multiplication of dependencies on things utterly mysterious to those who are dependent -- things such as semiconductors, which control the functioning of almost everything from cellphones to computers to cars. "The semiconductor," says a wit who manufactures them, "is the OPEC of functionality, except it has no cartel power." Semiconductors are, like oil, indispensable to the functioning of many things that are indispensable. Regarding oil imports, Americans agonize about a dependence they cannot immediately reduce. Yet their nation's policy is the compulsory expulsion or exclusion of talents crucial to the creativity of the semiconductor industry that powers the thriving portion of our bifurcated economy. While much of the economy sputters, exports are surging, and the semiconductor industry is America's second-largest exporter, close behind the auto industry in total exports and the civilian aircraft industry in net exports.

    The semiconductor industry's problem is entangled with a subject about which the loquacious presidential candidates are reluctant to talk -- immigration, specifically that of highly educated people. Concerning whom, U.S. policy should be: A nation cannot have too many such people, so send us your PhDs yearning to be free.

    Instead, U.S. policy is: As soon as U.S. institutions of higher education have awarded you a PhD, equipping you to add vast value to the economy, get out. Go home. Or to Europe, which is responding to America's folly with "blue cards" to expedite acceptance of the immigrants America is spurning.

    Two-thirds of doctoral candidates in science and engineering in U.S. universities are foreign-born. But only 140,000 employment-based green cards are available annually, and 1 million educated professionals are waiting -- often five or more years -- for cards. Congress could quickly add a zero to the number available, thereby boosting the U.S. economy and complicating matters for America's competitors.

    Suppose a foreign government had a policy of sending workers to America to be trained in a sophisticated and highly remunerative skill at American taxpayers' expense, and then forced these workers to go home and compete against American companies. That is what we are doing because we are too generic in defining the immigrant pool.

    Barack Obama and other Democrats are theatrically indignant about U.S. companies that locate operations outside the country. But one reason Microsoft opened a software development center in Vancouver is that Canadian immigration laws allow Microsoft to recruit skilled people it could not retain under U.S. immigration restrictions. Mr. Change We Can Believe In is not advocating the simple change -- that added zero -- and neither is Mr. Straight Talk.

    John McCain's campaign Web site has a spare statement on "immigration reform" that says nothing about increasing America's intake of highly educated immigrants. Obama's site says only: "Where we can bring in more foreign-born workers with the skills our economy needs, we should." "Where we can"? We can now.

    Solutions to some problems are complex; removing barriers to educated immigrants is not. It is, however, politically difficult, partly because this reform is being held hostage by factions -- principally the Congressional Hispanic Caucus -- insisting on "comprehensive" immigration reform that satisfies their demands. Unfortunately, on this issue no one is advocating change we can believe in, so America continues to risk losing the value added by foreign-born Jack Kilbys.

    georgewill@washpost.com





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  • singhsa3
    09-12 01:37 PM
    At least I won't give u red dots if you can enlighten us how to get us out of this mess. And yes, we do want our green card so I don't think we can stop the process or stop spending money on that. Also please advise us how to bring all 70K people under one umbrella?
    I dont mind getting Red Dots, But please, for god's sake. Stop doing this fruitless campaign. Do you guys think Giving a Clock or sending flowers solved earlier problems. Enough of this Gandhiian ways. This country is not good for people like Gandhi. May be Flower campaign got noticed and created a whole new experience for the USCIS, but i dont think it really helped them do anything in our favor. Already, folks here are wasting their money, year after year, on their EADs and APs for them and their family. Just think for a second guys, It costs us 1000 $ to maintain status on AOS and visit our family and this is going on indefinitely for our years now. USCIS/Congress does not want to do anything about this, They are happy to get the revenue. Even if you think a minimum of 200,000 people spending 1000 $ an year, it is 200,000,000 $. Iam not even considering the amount they spent on other things like H1B extension, H4s..... Just think about the Dollars they are making on this Green Card SCAM. Accept it or not, it is indirectly affecting our lives, even though, GC is not really important for lot of folks. Iam one such person, I have a good client and a decent employer and iam with the same folks for 9 years and they are happy extending my H1b at their cost. But still, this whole GC game, is sometimes disturbing. They are playing with our emotions and our loved ones. So, GUYS we need to take a bigger and bolder step. To me, Calling people, sending flowers and letters explaining the situation makes no sense. Do you think, those guys dont really know about our situation. Let us a make a bold move. We are 70,000 folks just here in ImmigrationVoice. Let us compile a letter,that pushes USCIS/Congress on improving the condition. As long as they get those EXTRA Dollars, i dont think anything is going to happen. Even if they remove the provision to apply for GC while on H1B, it is good for us, for we will know that in advance and can plan on shaping our future better, instead of this false promise and emotional torture. I think even AILA or other Lawyers are useless. They dont want to do anything for us. All they do is, interpret the LAW , and explain us in the way we can understand. They dont take steps to fight for the justice. All they care is the money. So let us make our point clear to USCIS, we dont want to waste money on EADs and APs and H1B extensions. To me, it should be free of cost, since it is their problem that they dont work efficiently. Why should we pay 1000s of dollars for their inefficiency. let us all 70,000 work together in sending a letter to USCIS or Congress that We are not willing to spend any more money on the GC knowing that we are not going to get it anyway. Unless, we do something like this, the real impact of our situation will never get noticed. Again, our main aim should be to let them know about our situation and not just that IV is a group that will send flowers, to express its presence.





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  • TeddyKoochu
    12-11 10:58 AM
    I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.

    My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.





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  • needhelp!
    09-10 08:00 PM
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  • Keeme
    03-06 05:32 PM
    Few observations based on thread postings
    1) Last year around this same time not many RFE/LUD were seen.
    2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
    3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.

    Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.

    Just my observation. Any input is appreciated.

    Possibility 1: Could be renewal of fingerprints as most of these 485 were filed befoe 16-17 months and FP life is 15 months. A memo was issued that they will reuse this FPs and won't ask another FPs if 485 takes longer than 15 months.

    This possiblility is quetioned by so many RFEs ! Why so many RFEs if its for FP ?

    2 - It could be a preparation for adjudicating thosdands of applications as some one in this tread mentioned that spill over wouldn't be as it was last year.

    Also, current Economy may force them to use larger number of FB visas for EBs for next few years.

    Let's see ! I don't wonder any more why 'Hope' is the most sellable slogan for politicians/cheaters around the worlds !





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  • santa123
    07-11 09:26 AM
    Just wondering...
    How many people would benefit out of this big movement?
    What estimated # of applications is USCIS expecting through this movement?
    If the dates were current last year same time, how many ppl with PDs between 2004 and 2006 would have missed the bus last year? Dont think many wld have...
    Excuse my ignorance if there is a basic mistake in my assumption



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  • mpadapa
    09-09 03:12 PM
    contributed 1% towards the target ($300 Google Order #755634519056506). Feels good:D
    Let us rock and roll in DC on Sep 18..
    GO IV GO





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  • kinvin
    02-12 11:48 AM
    Fellow Sufferers,;)

    For NON-RIR applicants, is the backlog center requiring the old advertisement process after the 45 day letter.

    We had received the 45 day letter six months ago and there has been no communication from them since that time. (Seperate application PD May-03)

    (Fellow travellers am I seeing an Oasis or is it a mirage.)

    Thanks.



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  • vandanaverdia
    09-09 02:06 PM
    My husband & me are flying from Seattle & will be there at the rally!





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  • bhatt
    09-10 12:19 PM
    One thing for sure USCIS do likes April fools day a lot as this the date they usually pick when the retrogress. This proves that a fool named DOS in love with April fools day.:)

    USCIS and DOS love to pick APRIL FOOLS DAY as cut off date especially for India :) is it coincident or !:eek:
    Are they telling that we have FOOLED you, immigrants again and again.



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  • bidhanc
    03-10 05:42 PM
    vparam/ anyone,

    i have 2 questions

    when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?

    also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?

    thanks in advance,
    manderson

    -----------------------------------------------------------------------------------
    Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
    �MurthyDotCom
    In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
    Source: http://www.murthy.com/news/n_yatmay.html
    I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.

    From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).

    But here are the Questions:
    1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
    2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?

    From the below excerpt (same Murthy site and part of above doc)

    Ability of New Sponsor to Pay
    m
    The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.

    Questions:
    3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?

    4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
    �..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???





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  • icedgin
    07-30 11:08 PM
    Angel,

    I have come across one interesting procedure in the USCIS website regarding beneficiaries of LPRs and I am asking a friend in the US in an immigration law firm to verify about this. I am just waiting for her to provide me the details and I will inform you about it since you can also be filed as derivative beneficiaries of your wife as an alternative way for you and your daughter to be with your wife.I do pray and hope she gives me a positive response.



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  • kuhelica2000
    09-14 11:15 AM
    A lot of people had applied in EB3 since EB3 was current for a fairly long time and their lawyers suggested them to do so to avoid additional documentation. Many of these people could have applied in EB2 as they had the required qualification including me (US masters). Just like you could have applied in EB1 since you have a Ph.D; but you decided to apply in EB2.

    The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.

    I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.

    are bhagwan... kash maine substitue labor use kiya hota....

    I would have been approved by then...

    Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.





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  • john2255
    07-21 08:02 AM
    How many of you called senators office.



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  • eeezzz
    07-11 12:24 PM
    07 case is different. we can't infer much from that. I hope DOS has some insight into the no of pending cases when the move dates like this. I am sure there will be language in the actual bulletin that saves them from flak when the move dates back. The primary aim is to utilize the visa nos. But with all the information available to them the movement should be proportional to the nos available from spillover and etc.,
    I don't see what is really different. I am not talking about July 2007. I am talking about May or June bulletin 2007. Do you mean the bulletin on May or June 2007 is to utilize the visa so the dates are not the "real" date? Then how do you know Aug. 2008 move is not for the same purpose? Especially if this movement is caused by spillover.





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  • vxg
    09-10 11:55 AM
    One thing for sure USCIS do likes April fools day a lot as this the date they usually pick when the retrogress. This proves that a fool named DOS in love with April fools day.:)
    I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:



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  • gkdgopi
    07-21 11:49 AM
    According to LATimes article
    http://www.latimes.com/business/la-fi-visas21jul21,1,3932099.story?coll=la-headlines-business&ctrack=1&cset=true
    only 55000 applications so far this month.

    "There was intense public reaction," said Bill Wright, spokesman for the citizenship and immigration agency, in explaining the reason for the reversal. "We heard that and did listen."

    Wright said at least 55,000 applications had been filed this month; the window will remain open until Aug. 17. "





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  • immivo
    04-01 08:46 AM
    anyone renew FL DL when H1b extension pending & I-94 expired ? I heard recipe notice is ok but I didn't find any guide line from their web site .any input is greatly appreciated.





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  • GoneSouth
    06-01 06:35 PM
    Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.

    As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.

    Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...

    Comments ?

    - GS

    (of course, this is all speculation, I realize there's a long way to go before this becomes law).





    jvordar
    07-18 06:29 PM
    guys, USCIS agreed to accept all the application but they do not have any visas to adjudicate the application... so they'll only enter the information in their database based on PD and when the date becomes current for the PD thats when they start processing the application... so nothing will be changed in terms of order of processing.. this change will only help us getting EAD/AP...





    th5000th
    06-11 07:31 PM
    There are approximately 25,000 EB2 and 25,000 EB3 applicants currently
    queued at the Department of State awaiting visa numbers.

    There are currently approximately 25,000 EB2 India cases
    which have been reviewed by USCIS and queued up at the Department of State
    awaiting visa numbers for the "green cards" to be approved.

    What does this mean? All the pending EB2 cases for visa numbers are from India?
    Isn't it too ridiculous?