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  • harivenkat
    05-06 08:54 PM
    Tech firms play quiet role in immigration-overhaul push - Politics AP - (

    WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.

    Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.

    Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.

    "To not be able to hire the people who really drive innovation in our company is a frustration," he said.

    The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.

    Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.

    "Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."

    For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.

    "The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."

    Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.

    Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.

    The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.

    The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.

    Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.

    "Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."

    Tech industry representatives disagreed.

    "We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."

    The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.

    Schumer's office didn't respond to requests for comment.

    Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.

    "I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.

    Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.

    The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.

    Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.


    Green cards (legal permanent resident visas):

    * Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.

    * The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.

    H-1B visas (temporary work visas for foreign workers in specialized jobs):

    * Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.

    * Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.

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  • sircaustic
    07-24 08:25 AM
    Immigrant petition was filed only for me. However, AoS has been filed for the entire family. So in my opinion the answers to three questions sholuld be 1 - No, 2- No, 3- Yes.- Would that be Correct?

    Since the primary applicant of form I-539 is my wife, i wasn't sure if there should be a mention of my immigrant petition when describing the circumstances on a separate sheet of paper. Should I add receipt number of form I-485 or attach a copy of the form as support documents?


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  • Krishanpal
    07-22 07:25 AM
    I guess NSC is much faster than other centres. I am not sure if they have more staff than others.

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  • hibworker
    12-21 11:57 AM
    Are there any fees that has to be paid when the amount is declared? And is this for visitors only?

    There is no fees for bringing foreign exchange into India. It is applicable to all passengers irrespective of their nationality or purpose of visit to India. However no import of Indian money is allowed by non resident Indians / foreign nationals. Indian residents can bring in up to Rs. 7.500.

    Wonder where I am getting these details? From Indian customs' site: Baggage Rules at a glance - CBEC (


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  • pappu
    11-17 12:30 PM

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  • voldemar
    02-13 03:40 PM
    I am seriously thing 2-3-4-5 years!You are so optimistic ;)


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  • blackberry
    07-05 03:14 PM
    Cmon ever since independece we have never been united on any cause. I see threads from Gandhigiri(sending roses)...TO .. "no work on 13th"petition. But cmon look at the responses, e.g. no working day petions had only 75 votes , of which most are scared to put there employer name info. etc.

    75 here 120 you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)

    Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.

    I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.

    just my 2 cents.
    pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.
    All i can say is ..

    "There is always a first time for everything"


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  • overhere
    07-18 11:08 AM
    I discussed this to a lawyer. He said that even if I file in August, it will still be accepted since I am qualified to apply in July. This is a bit confusing.

    I was thinking of looking for new employer which already has all the paperworks done (10 + 30 days). These are valid until 180 days. I hope to find one so that I can file this July.

    hope you'll find one. good luck.


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  • Blog Feeds
    04-27 11:00 AM
    The antis regularly say that unathorized immigrants get a range of public benefits but don't pay any taxes. Not so. They're paying $8.4 billion a year in sales taxes and $1.2 billion in income taxes. And they don't get most public benefits. They get public schools for their kids and emergency rooms can't turn them away. That's pretty much it. In the mean time, a company that earned $14 billion in profits last year paid zero taxes.

    More... (

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  • iwantmygcnow
    10-15 09:42 AM
    I am new to IV. what is an SR?


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  • WillIBLucky
    12-31 07:06 PM
    This is pure desperation. Its been discussed a lot many times but people keep asking the same question again and again. Check out the forum library you will find all the answers to your 'Case Study"Applicable to all retrogessed guys...

    Case deatils :

    Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression

    Next step H1-B transferred to new employer & redo Labor & I-140.

    Question :

    Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485

    Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????

    Please share your info as the attorneys are nuts..

    Has this issues beeb discussed in detail at any other place like WWW.immigration - ??

    Please provide with the link

    CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???

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    08-14 10:04 AM
    I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.

    I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments


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  • wandmaker
    10-04 11:35 PM
    GOOD. IV will be free from some head ache.:)

    Not exactly,

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  • smuggymba
    02-12 11:39 PM
    Just don't use immigration expert chandler sharma from Atlanta because this immigration expert doesn't handle immigration matters once you pay a 100 dollar fee at the reception.

    If you call to ask for an immigration expert to schedule an appointment, Mr Chandler sharma from Atlanta is the first and foremost person. When you go into this office, he says he deals in civil and business law....hahahhaha.

    My worst 100 dollars spent ever.


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  • MatsP
    January 28th, 2008, 02:51 PM
    I also don't have a Nikon D40x, but I don't think any of this discussion is related to the specific camera model, although some of my discussion relies on you being able to change settings on the camera, and my names of things may be off from what Nikon uses - hopefully I can still get you on the right track.

    It's actually a myth that a longer lens requires a higher aperture. For the same framing, you get the same DOF (Depth Of Field) for the same aperture, whether you use a 600mm telephoto lens or a 4.5mm ultra-fisheye. The only difference is that if you want to fill the frame with a sparrow, you can sit at 10 meters or so with a 600mm, and you need to be touching the sparrow with the lens to get it to fill the fram on a 4.5mm lens. Since most of the time, we don't try to get "eye to eye" with wild sparrows and ultira-fish-eyes, nor take pictures of "everything around you" with a 600mm tele (which would put you half a mile away, or so), it appears that the wide-angle has a bigger depth of field. If you don't beleive me, feel free to place a page of newspaper print at an angle (so that you can see how much of it is in focus), and photograph the exact same bit of text from different distances with the same aperture and different focal length.

    So, smaller aperture (bigger number) will allow more depth-of-field, no matter what lens you use. Wide-angle works well for indoors shots, because it's usually close-up - but I have used my 100mm Macro for some of the shots of my son.

    For "active" shots, you may want to aim for f/5.6 - f/8 or so. ISO 400 or higher helps reduce the look of "flash in dark room" scenario.

    For the other trick when taking action shots of kids, the trick is to use the same settings as the sports photographers: relatively short shutter speed (unless you actually want motion blur as part of the image - in the right place, it's good, in most cases not!), and use "following autofocus" (aka AF Servo or Tracking AF) - this is the part where knowing what Nikon calls it could come in handy - so that the AF is continously focusing on the subject, same as if you were trying to follow a basketball-player as he makes his way across the court to the basket. That way, the camera tries to focus (and uses "computer magic" to PREDICT where the focus should be once the shutter is triggered).

    Third, I think Nikon flashes also support "Second curtain flash", which is definitely the better option for "natural looking light" - this allows the camera to capture the natural light first, the flash the flash, rather than the ohter way around. It should, in theory, make no difference, but I find that it gives a more natural look. Twiddling with the balance between flash and natural light will get you there sooner or later (usually, in my case, later - after son or daughter have finished thinking photography is fun!). The adjustments are:
    - smaller aperture (bigger F-number)
    - faster shutter speed
    - lower ISO number.
    gives more flash. Opposite gives more of the natural light.



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  • swita
    03-25 06:32 PM
    @sk.aggarwal: Can you please clarify what you meant. Can i go on a vacation after my perm is filed and then when I come back can I recapture my time and then file for extension ?
    Also Do you know this from any lawyer ?


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  • pappu
    12-20 11:01 PM
    I will also be attending this meeting. IV members from Tristate area are welcome to join.

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  • roseball
    03-08 09:21 AM
    looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.

    Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.

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  • BECsufferer
    08-19 06:57 AM
    agree with above. This forum is to press our genuine demands....not some a**holes news who brings a bad name.

    delete this.

    Really! ... dude go around and look at forum, than tell me how every other post is 100% directed towards Immigration.

    If you had read the link, you would have been educated on avoiding scams that could happen with you or your loved ones in future. Next time pay attention before you reply!

    03-02 10:37 AM
    Thanks SL & Lost in GC process,

    Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

    One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's


    If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.

    Not a legal advice
    US citizen of Indian origin

    09-18 10:53 AM
    Hi immilaw member,

    Thank you for the response, but my situation is.....

    1. My diploma certificate will be dated somewhere around December,2006.
    2. My H1B approval notice says my H1 is valid from October-1, 2006.
    3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.

    So now my questions are....

    a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?

    b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?

    Please suggest.

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