General Immigration Discussion

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Originally Posted by qblogfan

The problem is it's not easy for everybody to travel with H1B.

Firstly, for Chinese nationals, the H1B visa is only valid for 3 months and we have to get stamped almost every time. In Beijing we have to make appointments one month earlier. For the workers in the senstive fields, the US embassy will check background for 1-6 months. I have been checked last time and I almost missed my flight. Many friends had to change their tickets. One guy got checked for 6 months and he lost his job of course. It's a lot of hassle to travel back without a GC. If I get a GC, I can take short trips like 2 or 3 weeks and visit my family more often. But now I can't take these short trips, every time I have to take 1 month or more.

Secondly, We are all under the employer's mercy without GC. Sometimes we really want to change our jobs immediately, but we can't do that without GC. We have to keep our head down and pretend we are happy. If we have a GC, we can stand up in front of the employers. I think many of us have been mistreated by the employers, but we can't fight back because we are under their mercy. Every time we back up and don't have the courage to fight for what we deserve.

These are the two reasons why a GC can make a huge difference.

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i understand all the reasons my friend, my argument was not to procrastinate things in life because of GC as specified by the original poster... your response is how having a GC can help us better...

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Originally Posted by SmileBaba

If you are getting a good opportunity then talk to your current employer and tell him that you will be interested in filing the 485 with them. If your employer agrees, then transfer H1, and while working with the new employer you can file 485 with your old employer
(when your PD gets current).

Now if your 485 gets approved before 180 days of filing then you must join your old employer after GC approval. Or else, if your 485 doesn't get approved for 180+ days, then you can file AC21 and continue to work with new employer even after getting GC approval (with old employer).
Hope I am making sense here.
Gurus: What could be the risks involved in this scenario?

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Friends: Please comment.

Applicability of AC21 ceases to exist (technically) after 485 approval. The good news is 485 approval means - technically - you can work for anybody immediately.

I am not aware of ANY law or regulation that says that you have to stay with the GC sponsor for an X period of time after 485 approval. Lawyers do say 6 months. But I am not aware of any law that states that or implies that.

Spec / Teddy - do you know any better on this topic?

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Originally Posted by SmileBaba

If you are getting a good opportunity then talk to your current employer and tell him that you will be interested in filing the 485 with them. If your employer agrees, then transfer H1, and while working with the new employer you can file 485 with your old employer
(when your PD gets current).

Now if your 485 gets approved before 180 days of filing then you must join your old employer after GC approval. Or else, if your 485 doesn't get approved for 180+ days, then you can file AC21 and continue to work with new employer even after getting GC approval (with old employer).
Hope I am making sense here.
Gurus: What could be the risks involved in this scenario?

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Q, my friend took a paid consultation with Murthy law firm for this.

He works with me, and got a GC few months back and wants to change job.

Murthy law firm told him that, there used to be a law or a field manual memo kind of thing about this and anything less than 6 months used to be a trigger for investigation into EB GC fraud if you went for naturalization and your job history indicated less than 6 months working on GC on the company. They said that there is no such law or directive anymore, but still the naturalization people tend to follow this, and you should work for 6 months to a year after GC, to avoid a EB GC fraud investigation if you go for naturalization.

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Originally Posted by qesehmk

Applicability of AC21 ceases to exist (technically) after 485 approval. The good news is 485 approval means - technically - you can work for anybody immediately.

I am not aware of ANY law or regulation that says that you have to stay with the GC sponsor for an X period of time after 485 approval. Lawyers do say 6 months. But I am not aware of any law that states that or implies that.

Spec / Teddy - do you know any better on this topic?

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I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

Your status is tied to your pending 485. So as long as it is pending or approved you are in status.

EAD gives you ability to work. Working on Expired EAD is certainly illegal. But that doesn't put you out of status.

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Originally Posted by qblogfan

I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

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qblogfan, weren't you supposed to be still waiting to file 485, how come you have an EAD.

Are you asking for a friend this question, am I missing something here.

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Originally Posted by qblogfan

I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

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Thanks Nishant. Good info!

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Originally Posted by nishant2200

qblogfan, weren't you supposed to be still waiting to file 485, how come you have an EAD.

Are you asking for a friend this question, am I missing something here.

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gcseeker, difference is corruption is illegal in India and EB1 is a legal category and all the people are getting GCs with their applications meeting specific criteria. Does it hurt me as an EB2-I applicant - Yes, but do i think it is unfair - No. A part of this category is designed to bring in managers. If two people graduated at the same time from college, one worked 5 years in US, then applied for EB2-IC GC 4 years ago, the other worked in India or China moved up the ladder in those 9 years and is now eligible for EB1, how is it unfair. Will there be some abuse of the category by law firms, yes, but it wont be significantly more in percentage terms from the corresponding abuse in EB-2 or EB-3. At the end of the day we all choose the best options available to us within the legal framework.

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Originally Posted by gcseeker

needid

You shared your opinion honestly and I am going to respect it and share mine plainly as well. This is an topic that will invite much heated responses and I do not wish to prolong this much further at a time when many are waiting for the VB.

I will simply put it this way. What is the difference between this and corruption in India. So everybody willing to take an bribe and willing to give an bribe is sleeping happily and getting something they did not deserve.Everybody else worrying for years to get an job, pay his dues , pay their taxes and wait in line patiently is an fool who could not do the research to find those loopholes and deserves that fate.

I will never in my life agree with such an logic.I am happy to be an fool and not trample on other's live's blatantly in search of my own selfish happiness.

Again I do not wish to prolong this topic ,just am tired of this logic of defending people who exploit shortcuts as some entrepreneur's trekking to the north pole.It takes guts to stick to the rules.Any damn coward can bribe his way out of the system.It is not an question of being happy for those people jumping lines...imagine if everybody did that ...then you will have pretty much the law of the jungle ruling societies.

Where does one draw the line.

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I don't understand what is going on. Somebody used my account and posted.

I think somebody stole my account!!!

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Originally Posted by nishant2200

qblogfan, weren't you supposed to be still waiting to file 485, how come you have an EAD.

Are you asking for a friend this question, am I missing something here.

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who are you? why did you use my account to post here?

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Originally Posted by qblogfan

I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

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Originally Posted by qblogfan

I don't understand what is going on. Somebody used my account and posted.

I think somebody stole my account!!!

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change your password qblogfan and make it tough password.

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Originally Posted by nishant2200

change your password qblogfan and make it tough password.

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yes, and also if you are at work or using a public computer, log out when you step away from your computer. There is all kind of scam these days on the internet... the other day, read that someone got scammed on Facebook by posing as their sister... geez, all this enough to make one paranoid. Be careful, guys!

Looks like i need to throw some words here to close it.

Probably i should not have used "shortcut" in my original post. Replace short cut with EB1C.You and me know how fair is GC/VISA process.
Consider this, you are standing in queue since 4AM for door buster sale for item X. Your friend also want X , but does not want to stand in line, sits home and searches for online deals. Before you even reach the door to bust it, he gets the order confirmation for X. Did he jump in line, no he just found another quick and risky way to get it. You are sure you'll get it by standing in line. I too would stand in line, bcoz i want X and don't want to take risk of not having one.

Projecting resumes part: You have multiple skills, but it is always how you project your skills gets you the job. I am not talking about people who do not have skill, but have in their resume. 90% world is running on how you package and market it.

Some people choose to work so that they can get guaranteed and regular income. Some people take risk and do business. Normally business people life is risky, but it may be the quickest way to riches.

Let us not find fault with others, just pick your path and move on.

I hope dates move fast. The check list that I got from my attorney to file I-485 do not require any pay stubs or W2s. I checked with them and they say it is not necessary and they do not want to provide any thing more than required. is it ok to apply for
I-485 without pay stubs and two years of W2 ???

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Originally Posted by soggadu

wow wow wow...Q... r u serious? BTM or MKCK ( maa ki!!!!...current kardo)?????

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MKCK.. Love it!! Please add this term to the glossary..

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Originally Posted by Kanmani

tackle
I am on full time off:)

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Oops, sorry. And, all the best!

on a lighter note... after monday and tuesday even calender is saying WTF (MTWTF)... might be about this bulletin...

Lol... qblogfan, I really love the way you are constantly after Mr. CO :)

Good luck to you and us all for the Nov VB.

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Originally Posted by qblogfan

I don't understand what is going on.

What Mr.CO is doing is totally unpredictable!

Sometimes he says we should get 200 per month, sometimes he says we can get 5600 per month. What is his logic behind all these?

He is a crazy man indeed!

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Originally Posted by Alphathought

Let's start the refresh game now.:D

http://travel.state.gov/pdf/visabull...vember2011.pdf

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Never worried too much about filing for 485, GC etc. in the past because there were no issues with H1B. Now with the stamping torture, we badly need it. For me that is the number 1 reason.

Unable to work in the office with all this waiting and anticipation. All the very best to everybody.

On a lighter side its funny that qblogfan is asking qblogfan "who are you" :)

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Originally Posted by qblogfan

who are you? why did you use my account to post here?

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Originally Posted by needid

Looks like i need to throw some words here to close it.

Probably i should not have used "shortcut" in my original post. Replace short cut with EB1C.You and me know how fair is GC/VISA process.
Consider this, you are standing in queue since 4AM for door buster sale for item X. Your friend also want X , but does not want to stand in line, sits home and searches for online deals. Before you even reach the door to bust it, he gets the order confirmation for X. Did he jump in line, no he just found another quick and risky way to get it. You are sure you'll get it by standing in line. I too would stand in line, bcoz i want X and don't want to take risk of not having one.

Projecting resumes part: You have multiple skills, but it is always how you project your skills gets you the job. I am not talking about people who do not have skill, but have in their resume. 90% world is running on how you package and market it.

Some people choose to work so that they can get guaranteed and regular income. Some people take risk and do business. Normally business people life is risky, but it may be the quickest way to riches.

Let us not find fault with others, just pick your path and move on.

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you are missing the whole point..kabhi old monk ke saath bhetna padega tumhe leeke... (you me and old monk will better understand you things)

EB-3 could take 70 years!!!!

http://www.rediff.com/business/slide...d/20111005.htm

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Originally Posted by immitime

EB-3 could take 70 years!!!!

http://www.rediff.com/business/slide...d/20111005.htm

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Basically I think currently, there is certainly a push going on to portray the sad plight of EB based immigration. It would be interesting to find out who funded this report.

There are groups like IV, NIU, then election year coming up, Republicans, even us all signing those tons of petitions, large companies supporting. Even today I think there is a hearing by some people on STEM students retaining in the house. See OH law firm breaking news.

Q

:) All of you physics buffs are forgetting the great mumbai consulate which will contribute its share of the butterfly effect and results will be solely determined by that factor.

One small letter typed wrong...Mr X(Mumbai consulate visa person ) intends to type Jan 2008 and in his hurry to rush to the bathroom ( dont ask why he just had a spicy dinner at the dakshin restaurant) types Jan 2080. This sets off alarm bells in the office of the CO located somewhere deep underground the CIA office in Langley.

Poor CO has to cover up for the mistakes of his employee's..he is like a father to them (actually godfather like and he will deal with this insolence later...) .So CO puts his reputation at stake and makes it current .

And all this while we were blaming the CO.

P.S (The camera zooms out and images are rewinding and one catches an shadowy figure spiking the food with hot jalapenos at the Dakshin restaurant ) .

What you see is an apparent reality.

" The flap of an butterfly over africa will produce an storm over New York"
" The brilliance of mumbai consulate will make this category current "

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Originally Posted by qesehmk

On another physics side note - i think chaos theory could be quite useful in predicting VB movement and catastrophe theory will useful in explaining events like 2007 fiasco!!

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dude you really need a drink :D

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Originally Posted by gcseeker

Q

:) All of you physics buffs are forgetting the great mumbai consulate which will contribute its share of the butterfly effect and results will be solely determined by that factor.

One small letter typed wrong...Mr X(Mumbai consulate visa person ) intends to type Jan 2008 and in his hurry to rush to the bathroom ( dont ask why he just had a spicy dinner at the dakshin restaurant) types Jan 2080. This sets off alarm bells in the office of the CO located somewhere deep underground the CIA office in Langley.

Poor CO has to cover up for the mistakes of his employee's..he is like a father to them (actually godfather like and he will deal with this insolence later...) .So CO puts his reputation at stake and makes it current .

And all this while we were blaming the CO.

P.S (The camera zooms out and images are rewinding and one catches an shadowy figure spiking the food with hot jalapenos at the Dakshin restaurant ) .

What you see is an apparent reality.

" The flap of an butterfly over africa will produce an storm over New York"
" The brilliance of mumbai consulate will make this category current "

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Quote:

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Originally Posted by immitime

EB-3 could take 70 years!!!!

http://www.rediff.com/business/slide...d/20111005.htm

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I think the figures are completely overblown and the article loses credence because of that.

There is no need to do that, because the true numbers are quite bad enough anyway.

one off topic question
Do we(Employee) receive original I-140 approval? I have only approval notice, Never saw the original I-140, according our admin guy they(Employer) would get only approval notice.It looks like for filing I-485,we don't need original I-140, if one exist, we just need,
--Approval notice for I-140, Immigrant Petition for Alien Worker;

Anybody thinks otherwise.

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Originally Posted by gcseeker

q

:) all of you physics buffs are forgetting the great mumbai consulate which will contribute its share of the butterfly effect and results will be solely determined by that factor.

One small letter typed wrong...mr x(mumbai consulate visa person ) intends to type jan 2008 and in his hurry to rush to the bathroom ( dont ask why he just had a spicy dinner at the dakshin restaurant) types jan 2080. This sets off alarm bells in the office of the co located somewhere deep underground the cia office in langley.

Poor co has to cover up for the mistakes of his employee's..he is like a father to them (actually godfather like and he will deal with this insolence later...) .so co puts his reputation at stake and makes it current .

And all this while we were blaming the co.

P.s (the camera zooms out and images are rewinding and one catches an shadowy figure spiking the food with hot jalapenos at the dakshin restaurant ) .

What you see is an apparent reality.

" the flap of an butterfly over africa will produce an storm over new york"
" the brilliance of mumbai consulate will make this category current "

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lol !!!!!! LOVE the camera zooms out part...hilarious !

based on what we learnt from 3 idiots, guess u are currently in the wrong profession, ur talent is in film scripting :)

Quote:

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Originally Posted by gcseeker

Q

:) All of you physics buffs are forgetting the great mumbai consulate which will contribute its share of the butterfly effect and results will be solely determined by that factor.

One small letter typed wrong...Mr X(Mumbai consulate visa person ) intends to type Jan 2008 and in his hurry to rush to the bathroom ( dont ask why he just had a spicy dinner at the dakshin restaurant) types Jan 2080. This sets off alarm bells in the office of the CO located somewhere deep underground the CIA office in Langley.

Poor CO has to cover up for the mistakes of his employee's..he is like a father to them (actually godfather like and he will deal with this insolence later...) .So CO puts his reputation at stake and makes it current .

And all this while we were blaming the CO.

P.S (The camera zooms out and images are rewinding and one catches an shadowy figure spiking the food with hot jalapenos at the Dakshin restaurant ) .

What you see is an apparent reality.

" The flap of an butterfly over africa will produce an storm over New York"
" The brilliance of mumbai consulate will make this category current "

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Originally Posted by nishant2200

dude you really need a drink :D

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Nishant can we pleaase pleaase grab the charming CO also and then all three of us can sit down for a drink somewhere pleasant like the Thar desert in Rajasthan...:) ...want to convey my happiness to the CO personally :).

(Thodi si hi to pee hai plays in the background )

Glad the post made both of you smile ( cbpds1 and Monica behen)

Don't even take me to my crazy days. Can't say in public forum :)

Let me give you all an example of happiness and freedom after GC.

I just talked to my friend at workplace, he got GC a few months back. He will be completing 6 months after GC in December end and didn't want to change job before that, he was just fishing around a bit, just started. He already got an offer from HP, and they agreed to start date of January 2012, and shall wait for him. The hiring manager has a target to fill out to hire, and he is ok with this. He has been offered 100k salary in Texas, with all benefits as one would expect from HP, he can work from home, any hours, and if relocates to Texas, will get an office.

Quote:

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Originally Posted by gcseeker

Nishant can we pleaase pleaase grab the charming CO also and then all three of us can sit down for a drink somewhere pleasant like the Thar desert in Rajasthan...:) ...want to convey my happiness to the CO personally :).

(Thodi si hi to pee hai plays in the background )

Glad the post made both of you smile ( cbpds1 and Monica behen)

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Hi, my friend, you are so funny!

You should work in Hollywood! I like your scripts!

Quote:

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Originally Posted by gcseeker

Q

:) All of you physics buffs are forgetting the great mumbai consulate which will contribute its share of the butterfly effect and results will be solely determined by that factor.

One small letter typed wrong...Mr X(Mumbai consulate visa person ) intends to type Jan 2008 and in his hurry to rush to the bathroom ( dont ask why he just had a spicy dinner at the dakshin restaurant) types Jan 2080. This sets off alarm bells in the office of the CO located somewhere deep underground the CIA office in Langley.

Poor CO has to cover up for the mistakes of his employee's..he is like a father to them (actually godfather like and he will deal with this insolence later...) .So CO puts his reputation at stake and makes it current .

And all this while we were blaming the CO.

P.S (The camera zooms out and images are rewinding and one catches an shadowy figure spiking the food with hot jalapenos at the Dakshin restaurant ) .

What you see is an apparent reality.

" The flap of an butterfly over africa will produce an storm over New York"
" The brilliance of mumbai consulate will make this category current "

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what happened dude, you changed your avatar? you look good now :-)

haha, yeah, I was so surprised to see another guy used my account to post.

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Originally Posted by cbpds1

On a lighter side its funny that qblogfan is asking qblogfan "who are you" :)

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Originally Posted by 10102007

As far as I know, you can. Your GC is for future employment and hence you should be able to apply for 485. Double check with your lawyer.

Hey same PD for me too

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Yup bud ... we shud hang out !!!!! :-)

Thanks for your reply, I will also check with my lawyer.

https://wwws.whitehouse.gov/petitions#!/responses

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COMING SOON - Responses to Your Petitions

We the People gives Americans across the country the opportunity to petition the Obama Administration to take action on a range of important issues facing our country. If a petition gets enough support, the Obama Administration will review it, make sure it gets to the appropriate policy officials, and issue an official response.

If a petition gets 25,000 signatures within 30 days, it will go into a queue for the Administration to review and respond. We will do our best to respond to petitions that meet this threshold in a timely manner, but it may take a few weeks to issue an official response. All responses will be posted in this section of the We the People platform, and if you signed a petition that we respond to, you'll get an email from the White House to with the response.

Be sure to check back in the coming days and weeks to see petition responses from the White House.

In the meantime you can search for petitions on issues you care about, or create your own petition.

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Its 25000 signatures now and not 5000 as before.

Hearing on STEM the TIDE!

Hearing on: "STEM the Tide: Should America Try to Prevent an Exodus of Foreign Graduates of U.S. Universities with Advanced Science Degrees?"


Testimony by VivekWadhwa.

1. The right solution is to significantly increase the numbers of visas that are offered to skilled workers in the EB1-through-3 categories. We also need to remove the per-country limits. If a move such as this proves politically untenable, then the conversion of temporary visas to permanent residencies could be tied to the purchase of a house, of say $250,000 or more in value. 2. We should provide permanent-resident visas for graduates of top U.S. colleges. Given that, among U.S. postgraduate engineering and science students, nearly half of masters and most PhD students are foreign nationals, it makes sense to encourage these students to stay in the U.S. after graduation. Though it will not guarantee that they will stay, it will certainly make it more likely. To limit abuse of this program, it should only apply to degree holders from research universities or universities with established and well-regarded science, technology, engineering and mathematics (STEM) programs. We should also require that students receive job offers from legitimate U.S. corporations. 3. Another solution is to allow skilled workers to get a green card if they start a company that employs Americans. As we noted from our research, the majority of the foreign-born entrepreneurs who started Silicon Valley companies entered the U.S. for education or work. They started companies 13 years, on average, after their arrival in the U.S. So, this was the cohort that had entered the U.S. in the ’80s and early ’90s. A sizeable proportion of the 2000 cohort is stuck in “immigration limbo.” There are tens of thousands of such immigrants who are ready to start companies that create jobs if we let them.

http://judiciary.house.gov/hearings/...2010052011.pdf


Read the whole

http://judiciary.house.gov/hearings/...0052011_2.html

I think , Soggadu bhai is taking an afternoon nap. Wake up!!!!!!!!!! Good news is waiting .

Sorry Nishant you missed it by a week.

He is trying to change his image but Q's website isnt letting him do so :)

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Originally Posted by Kanmani

I think , Soggadu bhai is taking a afternoon nap.

Sorry Nishant you missed it by a week.

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