Thursday, June 23, 2011

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  • venky08
    12-28 01:38 PM
    Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?

    There are more risks in using AC21 before 140 approval.

    Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.

    Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.





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  • nkhari
    07-19 10:30 AM
    sorry..didn't know her visa appointment.





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  • nozerd
    12-24 09:59 PM
    Pappu it is sad situation. I know of one Junior who I myself hired for the job and who is 4 yrs my Junior and reports to me get green card because he is EB3 but not India/China





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  • hopefulgc
    05-19 10:10 AM
    This idea has some serious chances of getting through, if pursued. The biggest thing in its favor is the validation in the form of existing H1B quota for US educated Post grads.

    It will find extensive support from universities/academia for obvious reasons.

    Main opposition to this issue would be from non-us educated people who feel that they would be left out. Unfortunately, they will be overlooking the critical side effect that this provision would relieve pressure on current EB numbers.





    wrong.
    Each MS student invests atleast 20k for his program [average]. He/She doesnot get any benefit from taxes. However, its the university benefits from foreign students. If you take CS/EE/science program atleast 50% of students would be foreigners [avg].

    One of the main reasons why a Master's quota of 20k was added was to retain the "US educated" talent. I suppose we could argue on similar terms for GC quota for Masters students.



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  • bidhanc
    03-27 12:43 PM
    hi
    Are you going alone to Schumer's office?
    I am come along if you'd like.

    Varsha send me all the necessary docs. Let me know if I can assist in some way
    I just got a call from Schumer's office and they preponed the meeting
    with a staffer to 11th April 2:30pm.

    This is going to be in downtown Albany.
    I am not sure who all are up here in Albany but a head count would help.
    Or let me know who all will be available on the above mentioned date.
    For the time being I have told them 2 people will come with me.

    Tikka are you in Albany? Yes you can join me.

    Bidhan





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  • software7
    04-14 12:07 PM
    Problem with not including filing fee is you do not get the receipt or receipt number, Hence difficult to track.

    Customer service opened SR and sent to local office. Got letter from DHS (3 weeks back)that they researched case and are actively processing it, also if I dont get any correspondence with in 180 days contact them.

    Till date I did not get any letter saying that case has opened. Will it help if I take Infopass and go to local office. Please advice.



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  • gc_on_demand
    11-03 06:05 PM
    It is high time, we support this initiative from Senator Menendez.

    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html#post2013464

    "It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill."


    Check it out :

    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html





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  • eb3retro
    01-13 05:11 PM
    gcseeker, u just spoke my mind, this was exactly what was going in my mind, when i decided not to take transit visa. i just cant believe, there is another soul who thinks just the way, i thought, look at my PD, came to US in 1999, still no GC after 12 years, planning to leave back to india for good, this year..oh well, life goes on..

    vishwak, dont consider my seniority by number of posts. As is I am going through so much injustice in life, having spent 12 years in this country and still waiting for GC bcos of this stupid EB3 mess, and now the germans decide to harrass me by asking for transit visa ? Not that I dont want to follow rules, but after spending 12 years waiting for GC, I am glad that I broke atleast one rule, of travelling through frankfurt to and from india without the damned transit visa. Of course I was travelling alone, and my family was not travelling , and hence I could risk it out. This does in no way prevent anybody in this forum or the world from not getting transit visa and continue to be opressed by the germans. Folks, I have just told my experience, rest is upto you if you want to get the transit visa .



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  • apt7
    05-29 05:36 PM
    So if I'm understanding it correctly. For all the ones who applied for I-140 after May15th 07 all there petitions will be cancelled or revoked? I really that should come from the USCIS as a amendment and not from a news or a blog. I have been browsing the website and yet to find it. Can someone help me out with the exact text from USCIS? :mad:

    Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.

    http://www.ilw.com/articles/2007,0530-endelman.shtm

    Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).

    ... ...
    Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
    ... ...

    Thanks,
    Jayant

    http://www.ilw.com/articles/2007,0530-endelman.shtm





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  • gcwait_07
    11-03 10:57 AM
    To all those republican homies on this thread....

    a) Republican base is not you and me, in case you haven't noticed they either cater to big biz or to a specific "kind" of Americans.

    b) Tea Party is basically opposed to many things including free trade and immigration. Like any other politician they might change when they have power, if they don't then hope things don't get worse.

    c) Nikki Haley and Bobby Jindal don't represent us, they are American for all practical purposes. If anything they have distanced themselves from any indian heritage in their campaigns. Nothing to expect here.

    d) Who is grassley who keeps making things tougher for us ? Not a democrat on last check.

    e) In this era of high unemployment, of around 17% why would any party touch anything remotely connected to a despicable term called "H1B" ? Suicidal ?

    Obama had a brilliant opportunity the first 2 years to do something, but he spent all his political capital on health care and financial reform. An opportunity lost.

    The republican party of now is not the party during 80's or otherwise, they are a bunch of people who believe evolution is a myth with Sarah Palin as their leader, add the tea party element and they are about as right as you can get.

    Forget about any bills, just hope there is no federal government lockout and USCIS stops working for a month.



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  • vban2007
    07-02 04:21 PM
    Total 5000 USD





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  • gcwait_07
    11-03 10:57 AM
    To all those republican homies on this thread....

    a) Republican base is not you and me, in case you haven't noticed they either cater to big biz or to a specific "kind" of Americans.

    b) Tea Party is basically opposed to many things including free trade and immigration. Like any other politician they might change when they have power, if they don't then hope things don't get worse.

    c) Nikki Haley and Bobby Jindal don't represent us, they are American for all practical purposes. If anything they have distanced themselves from any indian heritage in their campaigns. Nothing to expect here.

    d) Who is grassley who keeps making things tougher for us ? Not a democrat on last check.

    e) In this era of high unemployment, of around 17% why would any party touch anything remotely connected to a despicable term called "H1B" ? Suicidal ?

    Obama had a brilliant opportunity the first 2 years to do something, but he spent all his political capital on health care and financial reform. An opportunity lost.

    The republican party of now is not the party during 80's or otherwise, they are a bunch of people who believe evolution is a myth with Sarah Palin as their leader, add the tea party element and they are about as right as you can get.

    Forget about any bills, just hope there is no federal government lockout and USCIS stops working for a month.



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  • eilsoe
    02-02 06:44 PM
    Dan: Was it the trout-eating werm? :beam:


    pom: Yeah, he REALLY amazed me with those shadows as well... I can't decide right now.. I need more time...





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  • enggr
    09-28 01:47 AM
    I thank everyone for taking interest in my case and giving valuable advices.

    Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.

    I have requested my employer to start a new PERM as soon as possible.
    I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).

    "during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"

    Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.

    AkhilMahajan,
    The university gives different marksheets for supplementary exam. There's a consolidated one too.

    insbaby,
    You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.

    quizzer,
    The I-140 filing date was Nov 2006.

    Ramba,
    You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.

    cnndwag,
    I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.

    Dreamworld,
    I am very disappointed by the law you mentioned
    "PERM does not allow to change from EB2 to EB3"
    Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
    One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).



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  • preddy2k
    08-15 01:16 AM
    Thanks heywhat and abhijitp
    I will re-file it tommorrow.





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  • akhilmahajan
    06-19 10:54 AM
    Could you please share the letter? I am also looking for a sample format.

    Thanks

    I just sent you a PM also.



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  • chanduv23
    08-12 08:52 AM
    My Job duties on labor says
    "Design, develop and test software using Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP"
    The title in labor is "Software Engineer"
    Now the new job offer has title as "Lead Developer"
    and duties are
    "The lead developer will be responsible for leading a team to creating components within Java, utilizing standard Integrated Development Environments (IDEs), writing unit test cases and supporting the Testing and Quality Assurance phases of the software development lifecycle."
    Can somebody comment on this in context of same / similar job?

    It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.

    I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
    15-1031.00 has a lot of titles that any software person can fit in.

    Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"

    Fellow IVans - please comment if this is fine?





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  • spindoctor
    07-19 06:36 PM
    "Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).

    Hmm. That looks like the solution to my problem. So If my GC is approved in a month, I go to India myself, get my wife's consular processing done through follow to join route and bring her back together. (Assuming follow to join process takes just a couple of months). If my GC is still pending, then I go to India and bring my wife on a visitor visa, and then apply her I-485 in US.

    So the basic message you seem to be giving is that just because my GC is approved, it does not close doors for my wife. She still has 6 months to get going. Right?





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  • Tarang
    06-13 12:38 PM
    As per this logic, Prof Matloff is also paid in the same bracket as other university professors; so he is also ordinary because his pay ratio would be 1.0!!! At any place, your co-workers are doing same type of work, so will get same salary. Even in hedge funds, if an immigrant is paid very high salary, his colleagues are also paid the same high salary. Very ridiculous logic to use pay ratio.

    Ask Mark that if pay ratio is 1.0, why are companies still hiring H1B people and get in to all these govt red tape, if they can easily get manpower at same cost without the need for H1?

    And does he think that someone must have PhD to do useful innovations? How many of these great innovative companies are started by PhD? On the contrary, how many PhDs work for Microsoft who is started by college dropout?





    gc_lover
    06-27 08:56 AM
    Could you please assign date time for every single member that they should file their application on?
    Thanks a lot.

    :D





    aamirzeeshan
    01-11 02:40 PM
    I understand your situation as i was there once. If you dont have insurance than your options are very limited. if you live in dallas county parkland hospital is your only choice. Parkland has a network of several clinics around DFW area. Every clinic has financial assistance department. You can visit any of those and they will setup a payment plan which is reasonable based on your income. You will visit them for all prenatal care and when the time comes for delivery it will be taken to parkland. and parkland is a very good hospital as well. beside parkland several hospitals also offer cash plans like RHD memorial at 635 but they will charge you close to 4k just for delivery day and if its a normal one. you will have to do prenatal at your own.



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