пятница, 10 июня 2011 г.

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  • map_boiler
    07-18 09:26 AM
    I don't understand why you don't want to depend on I-485 as the only source? If it is a straight forward case, there should be no issues. Your husband can be on EAD and there is no need for him to be on a "365 day exile", as you put it. Unless of course, you're worried that the labor sub I-140 could be denied?



    I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

    I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

    I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?




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  • santb1975
    05-17 11:03 PM
    34294$ more to raise. Let us do it




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  • abhijitp
    02-12 06:13 PM
    Now hang on a minute there!

    There are IV volunteers leading double/triple lives juggling full time jobs, families AND full time IV work and some members have the GALL to say that:

    I dont want to take the pain of "mailing the letters"

    Anyone giving this excuse has ABSOLUTELY NO RIGHT from this point on to complain. This is as easy as the IV core can make it! Write those letters or SUFFER IN SILENCE

    Bang on.
    People discuss Visa Bulletins to no end, but why don't they pick up a pen and paper to DO SOMETHING that will render Visa Bulletins virtually meaningless ("ability to file I-485 without PD being current")?




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  • rcauvery
    10-02 10:50 AM
    We just applied for a student loan and got approved. Here are a few things we found out during the course of applying for the loan.

    The only difference between you applying while on H1 vs. as PR/Citizen are the interest rates. Also if you are a PR/Citizen you qualify for a federal Stafford loan, which has the least interest rate and the best terms.

    If you are on H1 and you can get a PR/Citizen as a co-signer you can qualify for other private loans with lower interests than without a co-signer. The only issue with having a co-signer is that it their credit report is going to reflect the loan and could impact their credit worthiness.

    You [& co-signer] will have to send documents proving you are legal in this country. You need to fax - first page of passport, H1 approval, PR card [if you claim you are a PR]

    PS: Not all companies give Student loans to Non-Citizens or Non-PR's. While on H1 the best deal we found was at http://www.accessgroup.org/

    Hope this helps and good luck with school.



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  • eager_immi
    05-30 02:40 PM
    I agree this crappy bill better not pass and is worse than retrogression. It is screwing everyone at the cost of giving amnesty to illegals. It is such a joke I would have never imagined that they would have the balls to do this, but I guess they are all politicians!!!

    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.




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  • yabadaba
    08-14 04:02 PM
    not that kind of a physician..not on your life pal :p


    another thread, another poll. guys all this is already being discussed in so many threads...yes including the esteemed MR WILLIAMS.
    there is a thread opening up for every mailroom chap in USCIS
    Please stop this. it's not helping anybody. use the multitude of threads that exist and keep this stuff together. otherwise any info you hope to gather is going to be too fragmented anyway...
    well since the professions are moving into hybrid roles...maybe u can diversify ur specializations. :D :D :D



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  • ca_immigrant
    07-31 08:31 PM
    �Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
    What would be the expanded case status? like giving details what exactly is going on with case?

    by expanded case status they mean that the case will have an expected date.
    for eg, I am thking ofr my case they will say "GC expected in the next 10 to 11 years"

    so see that is more information :rolleyes:




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  • sparky_jones
    10-01 08:22 PM
    Yes, being able to produce a complete file with all the paperwork is a pre-requisite for self-represenation. However, if and when you decide to "pull out your G-28", how will you go about making sure that USCIS updates their records to ensure no further correspondence is sent to the attorney? Are you aware of a standard procedure to do that?

    Thanks!
    I already pllued all of my paperwork from attorney.
    You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
    So, better have a copy of all paprework before..

    I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
    I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..



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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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  • bpadala
    05-18 01:37 PM
    I had the same question and I went with Joseph Kallabhat who was very diigent in answering the query for me. Please email him at joe@insvisa.com and he should respond back in couple of hrs

    Thanks alot



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  • nfadlalla
    03-09 10:23 AM
    Hey Guys
    I also recieved "Document OTHER THAN CARD manufactured and mailed" in my mail and I am wondering if anyone with case similar to mine has any answer on this.
    I applied "I130 Immigrant Petition For Relative" on Apr. 04.
    What could be the message on my case?
    Please advise me on what shall I expect?
    Thanks in advance

    Receipt Number: WACXXXXXXXXXX

    Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

    Current Status: Document OTHER THAN CARD manufactured and mailed.

    On February 12, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    what does this mean?...i havnt recieved anything yet....!!!




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  • cal97
    12-06 03:27 PM
    July 2nd filer. NSC->CSC->NSC. Was told by an IO at NSC that my FP's have been scheduled on 10/26. Well, I have not received it as yet.



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  • ufo2002
    05-31 11:11 AM
    Asian,
    I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
    That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
    But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.




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  • sumansk
    07-12 02:08 PM
    :D who knows those guests are guests of 'SPIES'..no offense to anyone ....If you are not , please register...:D



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  • amitga
    02-11 03:19 PM
    Link not working for me




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  • kshitijnt
    04-16 11:59 AM
    Best thing to do is, go out, take a stamp and reenter. No harm in that. If the I-94 is not attached to the approved L1A, then it is illegal otherwise it is legal.



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  • prasadn
    07-14 07:30 PM
    Can someone please confirm the renewal fee required for EAD application (I-765).

    My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
    However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.

    My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.

    In 2008, I paid the renewal fee when I applied on my own.

    My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do

    1. Is there a chance that my EAD application will be approved without fee ?

    2. Should I just send checks and write cover letter on why fee is required ?

    3. Should I send another application, but this time with the fee ?

    Should I

    From my understanding, if you filed for AOS after August 17th, 2007, you fall under the new fee structure and you don't have to pay AP/EAD renewal fees. Otherwise, you will have to. If I were you I would re-submit the application with the proper fees rather than waiting for USCIS to sit on the application for a few weeks and reject it.

    Thanks
    Prasad




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  • senthil1
    05-04 11:06 PM
    You can do it. But if you are not responding properly then you may end up paying more to Lawyer.

    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks




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  • natrajs
    08-18 04:26 PM
    Mine Got approved in 6 Days in TSC




    waiting4gc
    07-18 03:06 PM
    As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

    Make sure you file your 140 in the regular channels and it should take some time to get approved.

    Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!




    koti
    10-29 01:03 AM
    Thanks for all your suggestions guys.

    Looks like I can not file the new one in EB2 as long as I'm with the current employer as the masters degree completed after joining the current employer. I would have to look for a different employer in case I need to file a new one again.



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