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Minggu, 12 Juni 2011

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  • Blog Feeds
    02-10 08:50 PM
    Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

    With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

    Background

    On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.

    In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)

    The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.

    This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.

    Requirements in the Statute

    The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
    A. Temporary Increase in the Number of Professional Visas Available

    There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
    B. Electronic Postings

    LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
    C. Attestations Required for Employers Dependent Upon Foreign Professionals

    U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.

    The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.

    H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
    D. Increased Enforcement and Penalties for Violations

    The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
    E. Back Benching H-1B Employees

    Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
    F. Benefits

    Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
    G. Additional Fee for Use of H-1B Program

    Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
    H. Prevailing Wage Computations

    For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
    I. Academic Honoraria

    Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.

    Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!




    More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)





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  • mdipi
    10-21 04:35 PM
    but like how did you make them? in flash?and did u just tween them?





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  • sanju_dba
    04-30 11:41 AM
    This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
    if ead renewal keeps you away from work, then i guess you can always be on a short vacation locally ...a month or two? i think vacation is allowed.





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  • Nw2GC
    04-30 12:16 PM
    I was wondering if they have restarted premium processing for I-140 yet?



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  • IneedAllGreen
    02-04 12:43 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.





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  • sammyb
    02-26 10:48 AM
    Middle of 2009 we had issue (denial) with my wife's I485 and after MTR failed I contacted the local Senator's office ... it took around 6 months to finally turn the ball and revise USCIS's earlier decision of denying the application - it was a case where we followed the process and was penalized because of technical reason by USCIS ...

    So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'

    hope this helps ....

    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.



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  • fearonlygod
    11-14 10:12 AM
    thanks for the response ....how long is the response time for such cases....





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  • ski_dude12
    02-22 07:21 PM
    Did you inform USCIS that you are changing jobs using EAD and invoking AC21?



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  • viswanadh73
    01-04 03:21 PM
    thanks





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  • perm2gc
    01-08 03:28 PM
    Hello,

    My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.

    Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?

    Thanks in Advance,
    The chances to get visa is 1% as they know why they come here even though you say that they come here for visiting.The documentation is same as for B2 visa.



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  • gchope2k6
    04-27 01:54 PM
    Hmm, that's what I found weird also, how could it be both pre-adjudicated and under review ?! She did say pre-adjudicated at the past tense and my last LUD was 3/2/09, even if we went for fingerprinting the second time on 3/9/09 (no LUD after).





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  • FredG
    March 3rd, 2004, 08:18 PM
    It's photoshop magic. Just create a 22.5 degree slice, dup it to 2 and position, dup that to 4 and position, dup that to 8 and position, crop to a circle and voila, kaleidoscope. It really was derived from Fretnomore's posted shot.
    Fred



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  • eers
    07-17 11:03 PM
    if u go to the doc, they will perform the the tests that are ok to perform..

    Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.

    Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.

    I went through same thing..

    Will the case be accepted with this partial report-- It will be.

    Will there be an RFE? -- i dont know.. may be





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  • mdipi
    10-21 04:32 PM
    yeah i think so.....

    (by the way,,,,rollerblading is gay! skate for life----->ZYC



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  • Life2Live
    04-30 01:12 PM
    perhaps this will help.

    http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm

    Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.





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  • DallasBlue
    11-10 02:55 PM
    I would like to know what is the booth number?

    Your Booth Name: IMMIGRATION VOICE
    Your Booth Number: 15

    is what I got from Needhelp. See you'll there !!



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  • evildead
    01-18 02:54 PM
    do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial





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  • fearonlygod
    10-03 12:29 PM
    Thanks..Guys for suggestions....

    I wanted to confirm that you complained in DOL while your transfer was pending or once it got completed....My only concern is that my transfer is pending....and if i complain that basted could cook something...?

    Any responses will be highly appreciated...





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  • Chicago Desi
    03-15 03:39 PM
    Yes, wait for an RFE and do what they ask you to do in that RFE.

    My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
    Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
    Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.





    gc_on_demand
    06-02 02:44 PM
    Hi,

    I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.

    Now -- I need to change employers as my employer is asking me to become full time from consulting.

    2 questions:
    1. Can I use this extension to change employers?

    2. Can I start the GC process with the 140 priority date? (Feb '08)?

    Thanks

    PS: I apologize if this is in the wrong forum.


    if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.





    knowDOL
    08-15 10:52 AM
    I have one advice for you in this retrogression arena. I do not advice you to convert your BEC EB3 to PERM but just wait for it to get approved in EB3. At the same time file PERM application for a different job in EB2 in the same company or a different company it does not matter and get its I140 approved. Once BEC is approved apply for I-140 for that too and then you can port the date of EB3 to EB2 and apply for I485 which will fetch you GC faster. Good Luck.

    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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  • belmontboy
    03-05 02:13 AM
    Ha ha ha....I can see "someone" standing naked.......

    good naked or bad naked?? :D





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  • SGP
    09-21 09:33 AM
    Just got a word from our attorney that my case was approved on 09/08/2010. In my case USCIS did not update the website with the approved status! Not even a soft LUD.... I don't know their operating standard!

    Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.

    Lesson learnt: Always check with attorney!

    Now on to the final hurdle! I-485.

    Raj:)

    Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?





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  • teachamerica07
    01-30 08:11 AM
    Your priority date is 07 , Eb3 I . How can your daughter's 485 be approved by USCIS?





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  • eb3_nepa
    07-28 01:37 PM
    Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.

    The problem here is, that once people get their GC, most cannot wait to get away from this site. I mean forget the actual Green Cards, even once the July 2nd filers got their EADs/APs etc, the activity on this forum has DRASTICALLY reduced.

    Is it just me, or post the July 02 2007 filings, IV has been reduced to an "information only" kinda website BY ITS OWN MEMBERS? These days we simply post questions and expect answers, almost nothing seems to be happening. Everyone is content to enjoy the benefits of the I-485 filing and a lot of members have simply stopped visiting the site altogether.

    So we can float this idea again, but the point is how many people will actually DO IT? I have started the "Give me a HIGH FIVE" campaign, where all the member has to do is contribute JUST $5.00. Yes JUST $5.00, nothing more. So far we have barely made $3,000. There are atleast 20,000 members who have no problems posting questions and "demanding" responses, but they cannot open their wallets even to the tune of $5.00. Do you really think, such members will contribute $100 AFTER they have already received their Green cards??



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  • logiclife
    06-20 10:36 AM
    I have received one email so far.

    Come on guys, if you are in or around LA and would like to share your story, please come forward.

    Thanks.





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  • sku
    02-25 01:53 PM
    This is the News Letter That I got from my attorney.
    -----------------------------------------------------------------
    TARP Restricts H-1B Hiring for Funds Recipients

    The Troubled Assets Relief Program (TARP) recently signed into law by President Obama places strict limits on recipients of funds or certain Federal Reserve loans that want to hire high-skilled workers under the H-1B visa program for a period of two years. TARP fund recipients include certain financial institutions as well as infrastructure, energy, and automobile companies. The bill subjects recipients of TARP funds to the same rules that an "H-1B dependent" employer must follow when it sponsors a new H-1B worker. (An H-1B dependent employer is one that has 15% or more H-1B workers in the employer's total full-time workforce.) These rules include:


    � The employer cannot displace any similarly-employed U.S. worker with an H-1B worker within 90 days before or after applying for H-1B status for a new employee.


    � The employer cannot place any H-1B worker at an outside worksite unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.


    � The employer has to take good faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.


    TARP contains provisions that may effectively limit recipients of TARP funds and Federal Reserve loans from sponsoring new H-1B workers. While H-1B dependency rules do not normally apply to H-1B workers earning at least $60,000 annually or possessing a Master's degree, these exemptions are not available to the TARP/Federal Reserve loan recipients.


    The exact language of the bill states that the above requirements apply to "new employees" sponsored for H-1B status. While additional guidance may be issued from the Department of Labor, the plain language of the bill suggests that a company filing an H-1B petition on behalf of a current employee who is working with the company under F-1 Optional Practical Training, TN status, or some other work visa, should not be subject to the "H-1B dependent" rules. Similarly, the additional restrictions should not apply to petitions for extension of H-1B status for a current employee. However, an employer filing an H-1B change of employer petition for a new employee likely would be subject to these requirements.


    The House-Senate Conference Committee removed a provision from the stimulus proposal that would have required recipients of TARP funds to enroll and participate in the E-Verify online employment eligibility verification program, as well as a provision that would have renewed the currently voluntary E-Verify program for an additional five years. E-Verify is currently set to expire in March 2009.

    Effective Date of New Form I-9 Delayed Until April 3, 2009

    The Department of Homeland Security (DHS) is extending the effective date of its new Form I-9 from February 2, 2009 to April 3, 2009. The new Form I-9 updates the list of documents acceptable for employment eligibility verification. The temporary extension will provide DHS with an opportunity for further consideration of this rule. DHS also is extending the comment period for this rule for 30 days.

    Rising Unemployment May Affect PERM Processing

    In a recent meeting between the Department of Labor (DOL) and representatives of the American Immigration Lawyers Association, DOL stated that rising unemployment may affect the processing of certain PERM labor certification applications. DOL is trying to integrate labor market information from various sources, such as WARN Act notices, to determine the availability of U.S. workers in areas affected by significant layoffs. DOL cited the position of Financial Analyst located in New York City as an example of a particular occupation and location where there might be qualified U.S. workers available due to recent financial industry layoffs. DOL may require employers sponsoring PERM applications for such positions to undergo "supervised recruitment" in cases where the available data indicates that there may be available U.S. workers.

    Supervised recruitment is a variation of the standard PERM procedure by which applicants for a position that is the subject of a PERM application submit their resumes directly to the DOL for initial review by DOL staff. The DOL forwards to employers the resumes of applicants that it deems qualified for the position. Employers are required to interview the applicants forwarded by DOL to determine whether the applicants are in fact qualified. To date, when DOL has issued supervised recruitment notices, more than half the cases have been withdrawn by the employer.


    E-Verify Start Date for Federal Contractors Extended

    U.S. Citizenship and Immigration Services (USCIS) announced that Federal contractors and subcontractors can delay implementation of the use of the Department of Homeland Security's ("DHS") E-Verify system. E-Verify is a government run on-line system that combines DHS data with records from the Social Security Administration to determine whether a new hire is eligible to work in the U.S. The final rule was to have become effective on January 15, 2009, but now will not take effect until May 21, 2009. Once effective, E-Verify will become mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. Contracts for less than $100,000 or for commercially available off-the-shelf items are exempt from this rule. Once E-Verify becomes effective on May 21, 2009, companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States

    US VISIT Expanded to Include Lawful Permanent Residents

    The Department of Homeland Security (DHS) recently published a rule expanding the population of foreign nationals subject to the United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT") to include U.S. permanent residents. US-VISIT will apply to all permanent residents entering or exiting from an air or seaport. Permanent residents entering through land ports of entry, however, will be required to provide fingerprints only if they are referred to secondary inspection.


    Under US-VISIT, foreign nationals entering the United States provide "biometrics" (fingerprints scan and digital photograph) when passing through U.S. immigration. The biometric information collected upon entry is compared to the information collected at the time that the foreign national was originally issued a visa or Permanent Resident Card ("Green Card"). The biometric information is also compared to a criminal records database to confirm that a person is admissible to the United States. Permanent residents with criminal convictions traveling outside of the U.S. should be reminded that they are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.



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  • bpratap
    02-03 07:00 PM
    What do you guys suggest me to do ?

    Contact USCIS to clear the Issue ?

    Or

    OK to ignore, I don't need to worry about it ?





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  • krishna_brc
    02-18 12:46 PM
    My Indian employer offered me to continue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..

    If you get salary in INR which is credited to your Indian Bank A/c
    then you should be fine.

    If you get salary in USD credited to US Bank A/C then its ILLEGAL.

    Thanks,
    Krishna



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  • ronhira
    05-18 02:00 PM
    i read those two threads from macca every evening...... infact i think his threads are very informative & it collects everything relevant at one place.....

    for those who don't like those threads, have u guys read the content of those threads? if u read the content of those threads.... u will start appreciating the effort of 1 guy to help us all understand whats going on in the real world..... or we can always look for other things on world wide web......





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  • vicks_don
    01-05 03:14 PM
    Today morning I posted in greatandhra.com which is frequently visited by people from Andhra Pradesh in INDIA. I am expecting some more members to join over the weekend.



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  • for_gc
    08-14 08:02 PM
    Well, there are exceptions to almost every rule. The fact that there are exceptions does not mean that the rule is not right.

    The rule still pretty much seems to be that the processing is done in the order of ND and not RD.

    Lets do not confuse ourselves.





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  • bestin
    10-21 10:59 PM
    Congrats!!!Any Idea about minimum salary requirement for Eb2 position?

    Currently mine is less than what is approved in labor.In the second RFE they asked to prove A2P since the time i filed 140.



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  • bestia
    07-25 04:23 PM
    Let's donate our blood, then our kidneys, then our hands, legs. If we can't immigrate as a whole, let's then immigrate part-by-part ;)





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  • Atmaram
    07-16 02:42 PM
    I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?

    Thanks


    Why yes! Didn't you get the memo?
    What this means is that somebody at USCIS probably ran out of TP at home.



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  • vivekm1309
    01-26 12:16 AM
    Can we contact journos like Neil Cavuto, Sheryl Casone to talk about how giving GC to legals like us can stimulate economy in someway?

    I noticed these Business section journos are endlessly talking about ways to prevent the recession.

    We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...

    Not sure if IV gurus are thinking on these lines.

    Vivek





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  • nav_kri
    03-20 09:54 PM
    "USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status."

    Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?



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  • flipflop
    10-10 06:57 PM
    We are also in the same boat. My wife and me finished FP on 10/2. Its already been 9days. No LUD on my case or my wife's case.
    Do I need to worry or This is quite normal?

    What if USCIS didnt have this nonsense LUD field in their online status, won't you have lived in peace?





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  • kondur_007
    10-16 04:10 PM
    My current employer gurantee that he will not withdraw I-140. I also talked to lawyer and she said it is individual choice but it is always good to let USCIS know since your case is pending..
    However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
    Thank you for your replies and interest.

    If you do not plan to return to the original employer after GC approval; you have to use AC 21. (otherwise it will be problem in future).

    However, "using AC21" does not require you to send anything to USCIS (although you CAN send); what would be needed at minimum is some documentation that justifies the "same or similar" occupation and wages. Now you can have this documentation with your lawyer and never send it to USCIS (unless asked for) or you can file it with USCIS (and in that case it gets lost in 90% cases as their mailroom does not know what to do with it). Having this documentation will help you in future if there is a question why you did not work for the sponsoring employer after GC approval.

    See my comments in following thread as well:

    http://immigrationvoice.org/forum/showthread.php?t=22051

    Hope this clarifies things.
    Good Luck.





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  • akhilmahajan
    04-13 01:35 PM
    AFAIK, for summer the courses can be part time. This was the case back in 2001 when i went for my masters.

    Please check this with the school and your wife can take one evening class and be enrolled for atleast 3-4 months and move on to the F-1 Visa. Community college will be a good place to start, as she will not be spending a lot of money also.

    I hope this helps. All the best.

    GO I/WE GO. TOGETHER WE CAN.





    fcres
    07-26 01:00 PM
    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.

    You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.





    small2006
    08-16 05:32 PM
    I was told that "amending" H1B is the same as applying for a new H1B. Does this mean that I will get a new 797 approval and I would have to get a new stamping on my passport? I just got my passport stamped with a 3 year extension till 2009. I don't want to go thru that again if I can avoid it.

    Thanks.



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  • seekerofpeace
    09-05 12:01 AM
    I saw in one of the threads : someone's CPO welcome status changed to "Approval notice sent" after couple of days....

    Strange r the ways of USCIS

    SoP





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  • sanju_dba
    10-29 12:40 PM
    How long have you been an NRI? asking NRE questions? neway... :)

    1. Seems most of the banks offer NRE account for NRIs. In general, which bank is better for opening such an account?
    -> Yes,All most all banks , execept few local banks like co-operative/union banks may not.
    My choice ( ICICI ,CITI ,SBI ). while ICICI has professional customer service/ and good online portal/managebility. They are matured in NRI banking than any other. They are little behind interest rates when compared to SBI. Free Remittance USD to INR will take about a week. SBI, with poor customer service/portal frustates me, but for safety, SBI is winner. Also lately i found remittance takes just 1day ( using their NY branch ), best exchange rate.

    2. Do all the banks which offer NRE accounts offer account services irrespective of which branch I open the account at? e.g., if I open an NRE account say in delhi, can I have access to and get service for the account say in bangalore? Or do I have to go to that particular branch where I opened the account? In this regard, which bank is better?
    -> I think now a days all big banks are having access to all their branches online, so you should be good in most cases.
    3. Which bank generally gives better exchange rates?
    -> SBI. ( with a difference of 2-5cents/USD ICICI,Remit2India, SBI ).
    4. Any pros or cons in opening the NRE account at one bank vs. the other?
    -> Yes, for ex: ICICI with its pros and cons, it has transfer limit of 2laks/day outgoing using online. I would say, open in multiple banks and get to know which one is better over the time. Also,othes can correct me here, TDS ( tax deduction at source ) applies per account/per branch/per bank. So spread your money in multiple banks to stay under the TDS limits.

    Hope that helps....





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  • kk_kk
    07-16 01:59 PM
    Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.

    Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?

    Thank You.





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  • EndlessWait
    07-12 10:13 PM
    EndlessWait I hope ur wait will end soon

    for me and everyone..atleast make the process of GC predictable and sane.
    PS: I've lost it already. Its only meat up there.. pls lighten up the fire...



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  • HRPRO
    02-23 10:36 AM
    I know we can enter back on AP.

    I have similar situation:

    I am only going for a week long training to Toronto, I am working on EAD and have a Valid AP...DO I NEED TO GET A CANADA VISA? If Yes which one, Temp Work or Temp Resident?

    Arc,

    You will need a Canadian visa and your employer will have to give you a letter to get the same





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  • hoolahoous
    04-07 10:57 PM
    I depends on you, how much risk you want to take ... I can tell what happened with me ....

    Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.

    I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself

    sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer



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  • chi_shark
    04-28 11:29 AM
    "approvable" is the right term.

    what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.





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  • psaxena
    06-03 06:00 PM
    Nothing gonna happen, USCIS will come to know that you are jobless and you will be deported the next day..

    Why the heck dun you hire a lawyer or just get a 30 min consultation from any lawyer.
    Stop these fake ID...I know who the hell are you. and You know me very well.

    Hi All,
    My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.

    For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.

    Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low

    Please give me your valuable suggestion

    Thanks



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  • Becks
    01-08 06:30 PM
    i havent change my wife's last name and i dont see any advantage.

    trivia: we had two colleagues(wife and husband) working in our team. we never knew that they were wife & husband since their last names were different.

    so there may be advantage to refer wife for jobs in your team if you have different last name!!!





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  • dhirajgrover
    10-16 12:26 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?

    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?

    - Would I get the fingerprinting notice directly or would my employer receive it?

    - What other formalities would be left after (assuming) 485/765 are approved?

    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?



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  • ss1026
    07-06 01:27 PM
    Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.

    as per ny times report...

    http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin

    This number is down to 132K as 50K were captured by the nursing/medical lobby probably in 2004 or 2005. Google for more info





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  • k_usa
    08-23 08:19 PM
    If you do not get an infopass, you can put your home zipcode to a different one and try so it will search the nearest ASC.



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  • sagar_nyc
    08-15 11:28 AM
    Ramesh,
    Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.

    My advice to you is consult with good attorney.


    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.





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  • quizzer
    11-09 02:39 PM
    i know u applied I140 in Nov 2006...when did u receive the RFE?



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  • HRPRO
    05-04 01:43 PM
    What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!

    Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D





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  • gcchaahiyey
    04-07 03:42 PM
    Hi,

    I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?



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  • yabadaba
    09-01 11:43 AM
    i m a big fan of the bee and ragz4u and sunjoshi

    of course these daysi m interacting only with pappu...getting his "kangi" all set up





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  • garga
    12-06 10:34 PM
    Hello,

    My apologies upfront if I am posting this in the wrong thread.

    I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?

    As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.

    I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.

    Thank you.
    Apoorv



    My GC status is as follows
    I-140 - approved
    EAD - approved
    AP - approved
    FP - completed .





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  • pitha
    07-11 11:49 AM
    we made our point, lets move on to the next thing, which might be contacting senators, making them aware of our issues and showing them to coverage of flower campaign in NYTIMES, washington post, reuters etc,





    krishnam70
    08-14 11:06 PM
    I was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
    Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.

    Thank you

    Spending a few minutes and searching through the forum would probably answer some of the basic questions and some of them are posted in the sticky's but people dont have the patience and they need answers straight away and open a a new thread. So how would you the threads to be less. If a 5 people open threads just to talk about receipts or dhl or ups or fedex tracking then it would add no value but just threads..
    --go figure ..

    cheers





    roseball
    07-28 04:32 PM
    Roseball and sumkum,

    Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.

    My new AP starts from the date my current AP expires.



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