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  • GCScrewed
    07-13 06:04 PM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.




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  • ThinkTwice
    09-26 02:20 PM
    The kind of delay in the GC process, the uncertainity involved and now added to this is the possibility of the Obama administration if elected making it difficult for EB GC applicants.
    We have already anticipated this and had applied for the UK Highly Skilled Migrant Program (HSMP). We will most likely move to UK soon.. as soon as the elections are over.. a matter of few weeks. Unfortunate that after staying in this country for 12 years, having graduated from one of the best schools and having worked and having been a part of this great nation this is where it may all end for us. Whats even worse is that our son who is a US citizen will grow up in some other nation.
    Well.. time to move on.




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  • unitednations
    03-25 11:58 AM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.




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  • 485Mbe4001
    10-01 01:23 PM
    For the record the raising of the FDIC limit was proposed by House Minority Whip Roy Blunt and not Obama. One article spinned it to show that Obama proposed it and then that news got the most clicks and now everyone says that he proposed the limit.


    After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.

    Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.

    And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.



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  • rimzhim
    04-09 11:43 AM
    Very true indeed. I am sure you have gone through the full nine yards and understand. Also you will still be an asset no matter what. That is not the case with "consultants".
    Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.




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  • bfadlia
    01-07 11:26 AM
    I participated in the "mumbai attacked" thread, but always tried not to give any analysis of the history because I sure don't have the background not belonging to the region..
    yet I'm reading the darnest things here from people who apparently read 2 lines from wikipedia, copy and paste here then start talking like they know everything about the arab-israeli conflict and think they can analyze it..

    The phrase foxnews and similar media have everyone parroting here is "Israel is surrounded by hostile arab countries that waged wars against it several times. Israel is always in self defense" Let's see..

    1948: Israeli Irgun and Shtern gangs, the prototype of the israeli army were going village to village massacring palestinians to drive them out of their villages to annex them to newly created israel which they did.. arab nations who were mostly still under colonial influence sent their police-like forces to try to protect the palestinians, but of course they were no match for the mostly european WWII-veterans Israeli forces

    1956: In a dispute between Egypt, Britain and France over the control of Suez canal that in no way involves Israel, Israel attacked Egypt and took control of Sinai peninsula until Soviets and US urged it to leave.

    1967: Without a single bullet shot at Israel, it attacked Egypt, Syria, Jordan, Gaza and the west bank, occupying Egypt's Sinai, Syria's Golan heights, and annexing gaza, East Jerusalem and the west bank.

    1973: Only time Arabs started the offensive, Egypt and Syria attacked to get back their occupied lands. Egypt managed to get part of Sinai, and got the rest through peace treaty. Syria failed and the golan is still occupied till this day.

    1982: Israel invading Lebanon and occupying southern Lebanon till 2000.. Reason was meddling in a conflict between Palestinian refugees in Lebanon and Lebanese factions in which none of these parties attacked Israel.

    60 years have passed with the civilized world issuing UN resolutions for israel to end its occupation and to let the millions of displaced Palestinians return to their homes inside israel and Israel rejecting them. Then we have the courage to blame the Palestinians for not taking it easy, accepting the miserable conditions israel imposed on them and firing their 7000 fire crackers that killed 4 people.. the ungrateful bastards!!



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  • file485
    07-07 10:14 PM
    Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

    in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

    take appt with Rajiv Khanna/Murthy without wasting any minute further..




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  • funny
    10-01 05:17 PM
    I was thinking of buying a car but I have decided to hold off on it untill the presidentials elections are over. If obama is elected president I will not buy the car and will basically go into 100% saving mode because you never know when Obama\Durbin might kick us out. Nobody knows what sort of draconian rules are going to be put in place for EB community by Obama and Durbin. I have no confidence in Obama\Durbin to show any compassion\fairness towards Eb community. There might be hundreds of thousands of people holding off on purchasing a house, car or any big ticket item because of Obama\Durbin cir and there hostility towards Eb community. Hope I am proven wrong but I have not heard a single positive thing out of obama regarding EB community. Even when he was specifically asked about the green card delays faced by EB community he gave a evasive reply. He is always boasting about support for legal immigartion i.e family based immigration and not eb. I am not a obama hater nor a mcccain supporter but just a worried EB guy worried about his bleak future with Durbin lead cir.


    It is not clear what will happen to the existing applications, I don't think it would be simple to throw all the pending EB based GC applications out of the window and have everybody fall in line again in the new point based system....



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  • prince_waiting
    08-05 11:03 AM
    1. Cigarette: A pinch of tobacco rolled in paper with fire at one end & a fool at the other.


    2. Love affairs: Something like cricket where one-day internationals are more popular than a five day test.


    3. Marriage: It's an agreement in which a man loses his bachelor degree
    and a woman gains her master


    4. Divorce: Future tense of marriage


    5. Lecture: An art of transferring information from the notes of the
    lecturer to the notes of the students without passing through "the minds of either".


    6. Conference: The confusion of one man multiplied by the number present.


    7. Compromise: The art of dividing a cake in such a way that everybody
    believes he got the biggest piece.


    8. Tears: The hydraulic force by which masculine will-power is defeated by feminine water-power.


    9. Dictionary: A place where divorce comes before marriage.


    10. Conference Room: A place where everybody talks, nobody listens &
    everybody disagrees later on.


    11. Ecstasy: A feeling when you feel you are going to feel a feeling you have never felt before.


    12. Classic: A book which people praise, but doesn�t read.


    13. Smile: A curve that can set a lot of things straight.


    14. Office: A place where you can relax after your strenuous home life.


    15. Yawn: The only time some married men ever get to open their mouth.


    16. Etc.: A sign to make others believe that you know more than you
    actually do.
    17. Committee: Individuals who can do nothing individually and sit to
    decide that nothing can be done together.


    18. Experience: The name men give to their mistakes.


    19. Atom Bomb: An invention to end all inventions.


    20. Philosopher: A fool who torments himself during life, to be spoken of when dead.


    21. Diplomat: A person who tells you to go to hell in such a way that you actually look forward to the trip.


    22. Opportunist: A person who starts taking bath if he accidentally falls into a river.


    23. Optimist: A person who while falling from Eiffel Tower says in midway "See I am not injured yet."


    24. Pessimist: A person who says that O is the last letter in ZERO, instead of the first letter in word OPPORTUNITY.


    25. Miser: A person who lives poor so that he can die rich.


    26. Father: A banker provided by nature.


    27. Criminal: A guy no different from the rest... except that he got
    caught.


    28. Boss: Someone who is early when you are late and late when you are
    early.


    29. Politician: One who shakes your hand before elections and your
    confidence after the elections.


    30. Doctor: A person who kills your ills by pills, and kills you with his bills.




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  • GC08
    02-02 10:14 PM
    Whether that stupid guy knows or not is not important. The most important thing is the American people. I guarantee that most Americans do not know how H1Bs contribute to the American society. If they are misinformed, the government and Congress can only further mistreat people like you and me. The real danger of those lies about H1Bs is that it will stir up a sentiment of anti legal immigrants

    Remember, the sentiment of the American society plays a vital role in American policies as all the politicians want votes!

    By the way, pro-immigration does not necessarily mean pro-legal immigration. Sometimes, the so called pro-immigration policies can only jeopardize those who are here legally, mainly those employment-based immigrant, most of whom take the F1-H1-GC route ... just like you and me. So be careful when we support any bills. We need to understand what exactly our legal immigrants get from the bill before we support it. :)



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  • bajrangbali
    06-05 11:33 AM
    Good analysis there dude!
    While no one can predict future, the least we could do is prepare ourselves for good and bad times.
    IMO people should look at purchasing only if these conditions apply:

    1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
    2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
    3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
    4) Planning to stay in the house for a MIN 2yrs

    One would argue why buy now if it might go lower...
    if above conditions are met..it would be a relatively safe buy and aboveall...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
    an old friend of mine always says...live life..love life...be life
    and i believe she is right..




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  • SunnySurya
    08-05 02:56 PM
    I just got several red dots for expressing my opinions...



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  • gapala
    12-19 04:01 PM
    Actually I am not against any religion

    Today science has found out that the Earth is 4.5 billion years old. None of the religious book says story about Dinosaurs (Yes all the hippocrats of their religion will intrepret some wordings and make beautiful meanings out of it and will say it has already been quoted.. I have heard enough lectures on that and since you wont know the meaning of the actual word they will play with those words.. )

    I was actually amazed with the way every religious scholor tries to interpret the way they have said about the age of Earth.. How smartly people make use of one year is equal to 1 million year or whatever accordingly and try to bring the result of 4.5 billion years per their Religious versus which says 2000 to 5000 years.. man it is amazing..

    People's vision are covered with a glass called religion.. you need to take that out and see this beautiful world without it.. That will cure lot of problems..

    Dont come and say to me that the more knowledge in science will take you close to religion..

    I accept I have very little knowledge in Science but I admire it and I am thankful to it for all of its discoveries and inventions..

    Tell me one good thing about religion.. I can talk thousands of good things about science ..(Dont cite examples that Science creates lot of bad things.. people use it in a wrong way .. )

    Its amazing to see how you are trying to force your views based on limited understanding on others. One good thing about religion? Now, I am not sure what religion means to you. To me, its the way I was brought up and the way people live. Having said that, the very upbringing instills the care for Health, Hygiene, Homes, Human Values, Harmony in Diversity etc. Long story short, help you become a humble and good social being.

    Do you kow that "Science is still evolving. That is why we still discover and learn new things may be not every day, but periodically" Lets look at the core aspect, scientists once believed that Earth is flat, People as late at the time columbus discovered america believed that this is true. Slaves were even planning to kill the Columbus. Luckly for him, next morning they site the land which they thought as India but turned out to be America.

    Scientists also believed that ATOM is the smallest particle. It changed due to development and research and broken down into P N & Electrons. Now it evolved into Quartz. It may change in future due to advancements.

    How do you say that science is perfect and that is the truth? Well truth never changes, you and I wrote in science exams about the smallest particles and got marks but, now that answers are no longer valid.

    Religion is the way we live, that is why there are more religions now. People live and believe in certain way becomes new religion or cult. Way we live influences the way we think and what we learn and believe. But, you know what, Fundamental aspect is Faith... superior to belief. It takes faith to accept somethings that are unknown. This is the core aspect that leads to scientific research and development. Which results in Technological advancement and life science evolve.

    The way we live help us develop that aspect..faith in unknown things which in turn leads to research and facilitate all that related to science mentioned above. You know what I am talking about. Do not trash religion.. again I do not know what it means to you. it could mean different things to different people... Being religious is not bad at all. As you said, Just like science, People may choose to live wrong way :)




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  • anandrajesh
    03-23 11:11 PM
    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)

    Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.

    Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.



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  • HawaldarNaik
    12-26 07:48 PM
    I like Amma's post, pretty good, well thought out and i stand corrected, in my earlier remarks. Good Post Amma indeed...




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  • SunnySurya
    08-05 10:45 AM
    And may I please ask how do you know that?
    May be 1% of EB2. Good to know that.



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  • NolaIndian32
    09-28 07:58 PM
    I agree 100% with the quote below; if Durbin gets his way, there will be no light at the end of the tunnel for the EB community.

    I have been in the US, legally for 14+ years. I have stayed within the law, regulations to get my green card, but still after 8 years in this antiquated and dysfunctional process, I am "in queue". Twice I have had to turn down promotions to executive level within my organization because of restrictions of "same to similar" regulation. Even my CEO is frustrated with this situation. If Durbin has his way, I can no longer afford to put my life on hold. I will be forced to sell my house and relocate to Canada.

    McCain supports immigration for legally employed immigrants. I pray that he wins the election this November.



    After 8 yrs of Bush, I sure am ready for Democrats to take over. America needs a change. But Sen. Obama's victory will surely spell doom and gloom for the EB community - of which I am one.

    I have been in the United States for 9 years - LEGALLY. I have bent over backwards to follow the letter of the law, irrespective of how convoluted it is. My kids are American Citizens. I pay taxes and contribute to the American economy. We even bought a house here in the hope that we can settle down in America. Me and my husband hold executive level positions in major multinationals. Here is the absolute kicker - I work in Satellite Telecommunications and my company supports the United States Government (DoD) and its contractors/ sub contractors in Iraq and Afghanistan!!

    We wanted Democrats to win...but guess what - the failed CIR 2007 woke us up to the fact that Sen. Durbin will never make it easy for us EB immigrants. His hostility towards this community forced us to secure the Canadian PR. We have a little bit more time to decide when we want to move there before our PR expires. If things don't take a turn for the better on the Immigration front, we will move to Canada. I just dread having to sell the house here though!!

    Till date, I only see Durbin driving immigration - and it is definitely against teh EB community. My question to Sen.Obama - what do you have to offer to us, the highly skilled immigrants? Would you rather we just liquidate all our assets (home, stocks, bonds, vehicles, etc) here in America and take it with us to another country that is more welcoming???




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  • akred
    04-07 03:09 PM
    Let me guess, you work at a R&D facility, right? May be, looking for the best way to fit in your individual situation. No offense meant, however, I would request IV and its membership to have a bigger perspective in dealing whit this bill. Otherwise, 500,000 people will be systematically purged from US. And that includes most people waiting for their green cards.

    For sure, this bill is bad. However I do think that the H1B program should have some way of making a distinction between what is essentially a market access issue for foreign companies and a means for domestic companies to hire foreign talent.




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  • Macaca
    02-22 11:49 AM
    Hey Chinese! can we have more of the following here (http://www.washingtonwatch.com/bills/show/110_SN_9.html#commentform).

    I am almost 7 years in this country and have paid hundred of thousands of dollars in payroll taxes, and now stuck with the EB priority date.

    I want to say there are many good things going on in the world. Many people take the technology advancement and good life for granted, but behind the scene, there are many people who are doing the real hard work, and we are part of them.

    The reason I came here is I thought this country can turn my talent into fortune and create opportunities for many people. My college roommate in China created the Linux Virtual Server in his PhD thesis and still leads the LVS project. The government covers their 100% medical + 100% housing + 80%-100% pension. But if he did that in the States, he would be very rich and can achieve more goals.

    The current immigration system is neither pro- nor anti-immigration. It is just a limbo system. Everything getting in is just stuck there. Some of my friends have gone back China because they don�t want to wait.




    sledge_hammer
    12-17 03:13 PM
    I support the continuation of this thread! I support Marphad's views!




    NKR
    08-06 04:16 PM
    Don't know how you saw that :-)
    I wish, but no! How do you change the id on a post anyway? And if you delete a post it should show as a deleted post shouldn't it? If you know, share the secret, might be of some use :-)))

    ps: Might involve a serious gender change too!

    I thought you ported pascal's id :)



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  • Berkeleybee
    03-29 02:56 PM
    Once again, I urge people to take discussions of individual cases to Immigration Portal.

    See our posting guidelines (http://immigrationvoice.org/forum/announcement.php?f=2) visible above the forum threads.

    "Please note that the purpose of our forums is to discuss our campaign and agenda. We want to foster a positive, constructive, discussion about our cause. Solutions for individual cases and problems, debates on the benefits of living in different countries etc. are better addressed on forums like Immigration Portal.

    Posts that denigrate members, potential members or even anti-immigrant groups are not welcome - such posts are against Immigration Voice principles."

    When my paperwork was transferred from CSC to TSC I posted on Immigration Portal not IV. We need IV forums to focus on activism.

    best,
    Berkeleybee




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  • breddy2000
    01-25 12:32 PM
    Any opinions please?

    Thanks

    Even I did not get any 2nd FP notice till date and my first FP was r done during Sept 2007.
    Every one with whom I spoke to also did not receive their FP notices yet.
    Maybe if anyone has received it can pls post your response here.

    Thanks




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  • mundakamal
    06-13 08:22 PM
    gurus please advise........




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  • desitechie
    11-22 02:07 PM
    My Question:-

    My answers.
    Disclaimer:This is to just give an indication and you should consult an attorney for exact response.


    1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?

    Yes

    2) What if, The new company don't file AC 21?

    AC21 is better for scenario #3 though its not mandatory. You can give the EVL if asked during RFE

    3) What if the previous employer cancel my I 140.

    Technically you should be OK since 6 months have passed since 485 filing and the new job should be similar to the labor

    Let me know what other problem can I face if I transfer my H1b to new employer.:confused:[/QUOTE]

    Should be good as long as the new company is good and willing to continue the GC process.



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  • Blog Feeds
    04-25 08:10 AM
    This week, the President held another meeting with pro-immigration advocates where he proclaimed the need for immigration reform. Haven't we heard this time after time from the President? Running against the Republicans on this issue is a no brainer for the President. But what exactly is President Obama doing beyond giving speeches? President Obama had both Houses of Congress in his first two years in office. Did he ever actually propose an immigration reform bill? No, he decided to let Congress sort it out for themselves rather than leading on the issue. And when he lost control of the House...

    More... (http://blogs.ilw.com/gregsiskind/2011/04/obama-strategy-talk-about-immigration-but-avoid-actually-doing-anything-about-it.html)




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  • kak1978
    06-10 08:14 AM
    Hi

    I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
    Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.

    Company is really flexible with job description.

    Thanks in advance.

    I don't think it matters when the experience was acquired as long as it is related to the job description and it is verifiable. If for some reason those three years cannot be used, you can have a job requirement as something like MS in EE/CS + 0 years experience.



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  • priderock
    05-08 04:40 PM
    Folks,

    I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?


    I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.




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  • intheyan
    01-27 10:42 PM
    Dear Attorney,
    I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
    Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.



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  • rp0lol
    08-09 12:26 PM
    My advise is to buy insurance from some local (means american company). The main reason is when you buy insurance from overseas company (even UK based) hospitals here don't honor them and you may be in big trouble. Also I per my first hand experience, Its very hard to get any reimbursments from Indian Insurance company, it takes months to get your money back.

    Try www..com and you will get different options. But again do your own research and take your chances.




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  • desi3933
    08-24 09:11 PM
    Hello Gurus,

    Here is my situation and I really appreciate your advice:

    I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.

    I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.

    Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.

    1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?

    2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?


    Thanks in advance!!!

    No need to file 2nd I-485.

    Just update your existing I-485 with 2nd I-140 and claim earlier PD. You can claim PD with EB2.

    Your lawyer should be able to do that.

    _________________________
    Not a legal advise.



    more...

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  • Hello Kitty Hotel: Fantastic


  • wandmaker
    09-02 12:34 PM
    Hi,

    Almost 22 week past, No response From Mumbai Consulate

    Interview Date - 13-Feb-2009
    Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)

    Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.

    After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.

    Anybody Knows what i have to do. Please advice me further .


    Regards,

    Krrish

    Once it goes into hibernation, there is nothing much you can do. If you are a student (f1 visa), you can have your university step in for help, but it also limited.

    please share you story, follow the thread, it will help many people

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/34390-iv-action-item-visa-revalidation-campaign.html
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/483469-iv-action-item-fixing-visa-stamping-delays.html




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  • sri1234
    01-30 11:50 AM
    ~bump~



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  • lok
    01-16 02:04 PM
    I have a friend in South Asia who wants to accept credit card payments for his website. There is no way for him to link paypal or any payment gateway to his bank account. I'm in the US with an H1B and I know i'm not allowed to start a business or even have a merchant account since this qualifies as active investing.

    Is there anyway I can help him? I'm not interested in making any money off of this.
    I know I could open a paypal account and point it to my bank account. That way, as long as the transactions are < $20000/yr , it won't be reported to the IRS and all I have to do is pay tax on the interest from my bank account. What could be potential problems with this approach? If this is illegal, I would refrain from doing it.

    Can someone suggest a better way? My friend is willing to pay part of the transaction fees to whatever service he has to use.




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  • hello-kitty-castle


  • factoryman
    06-14 09:39 PM
    80% will benefit immediately. 20% will not. But we must strive to work for these 20% also.

    Look, the USCIS will some good, reliable concrete numbers to work on. I feel what is happening is just.



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  • Mr. Brown
    12-22 06:30 PM
    I thought this was funny and had to post this link :D.

    You now protest when other countries make it difficult for you to get a visa.

    US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)

    I think it works well from both angles (visitor, citizen of India) after the new rules. I am not sure why people were allowed to enter on travel visas if they were clearly coming for business.




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  • rajuseattle
    06-04 12:46 PM
    shruthi07,

    Which state you are working in? If USCIS thinks Nebraska Service centre has the jurisdication for your I-485 based on Job location then their is nothing to worry.

    Maybe your PD is current and USCIS wants to complete processing of your I-485.

    I am in the same situation, my I-140 was approved from TSC about 3 months back in March 2008, and I-485 pending at NSC since august 2007. I work out of WA state.



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  • ranand00
    05-10 09:36 PM
    My status says the same except date is dec 12th 2007.
    i am also stuck in backlog.i think it is a system glitch.must have been an old finger printing notice
    thanks
    anand




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  • reginaldTed
    12-02 06:39 AM
    What kind of awesome university do you go to that assigns Flash+Silverlight combo projects?

    Staffordshire uni, and it really isn't that awesome....




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  • kobi
    09-18 10:46 PM
    I applied for H4 to H1 conversion (April'06) and then travelled to India (May'06). I came back on H4 (Jun'06). After one month my H1 was approved which includes a new I 94 valid from Oct'06.

    Is this H1's I94 valid..?, as per law USCIS should abandon COS approval if alien travels out of U.S during its process.

    Can I start my employment from Oct '06 or do I have to get my H1 stamped.




    gman
    04-30 09:43 AM
    Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.

    Thanks in advance.




    h1techSlave
    04-25 08:34 AM
    That is pretty much his strategy for almost every thing. Just talk talk talk talk..



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  • harryom
    03-24 02:05 PM
    :mad:
    I just got me H1B approval Notice and copy of I0129 petition. There is nothing wrong with approval bu I notice few things and have few concern questions to the group if some one had similar experience in the past:
    1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
    2. My Alien number does not show up in 797A approval notice as I have pending 485.
    3. The I-94# on passport card does not match with the one on new approval notice.

    Now My questions is :

    Do I need to get this passport#(1) typo fixed now or its ok?

    Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
    Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?

    All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.

    Any suggestions/experience are apreciated.

    Thanks

    PD Sept 2004
    I-485 pending
    I-140 pending
    EAD pending
    AP approved




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  • hair Black Swan is a 2010


  • flyfishertoo
    August 7th, 2004, 06:11 AM
    I left a comment in your gallery yesterday. Overall I like the picture, but I think it just too over exposured. I enjoyed the entire series.




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  • supers789
    09-21 03:35 PM
    I recently changed my job, after getting a receipt from new employer. But I noticed that the attorney has done a typo in my middle name. she added 1 extra letter in the middle. can anyone please let me know if this would create any problem for me getting the H1B transfer approval and what is the way to correct it? Since I have already left my old job, I am kind of worried. Please reply back if anyone has come accross or aware of such case.

    Thanks.




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  • Krilnon
    12-02 01:39 PM
    But it must be� Seb Hughes (http://www.kirupa.com/forum/member.php?u=27016) goes there!

    Anyway, I'll let you get back to your Flashing/Silverlighting. :sure:



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  • kuhelica2000
    05-27 09:25 PM
    I am stuck in PBEC. Please let me know if you need any information.




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  • ronhira
    01-05 06:35 PM
    details of computer consultant insurance -

    Professional liability E&O insurance for Computer Consultant Firms (http://www.insurepro.net/html/computer_consultant_insurance.asp)



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  • yagw
    08-17 10:55 AM
    My PD is Nov 24th 2005. EB2- India. Filed @NSC
    Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.

    I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.

    I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.

    Has anyone got slapped on the hand for not following this?

    I have also sought help from my senator, however no useful information has come out of it.

    Are their any other options available?

    If you select the option "you need information" on a case, then you don't have to wait for 30 days. But no one can assure if the infopass will be helpful (irrespective of, wait or not wait for 30 days).
    Try asking specific questions (when you call or go in person) like, is my name check cleared? background check cleared? pre-adjudicated? assigned to a io? etc. You might have to try more than once depending on the rep you talk to (talk to level 2 officers when you call). Good luck!!!




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  • humsuplou
    11-17 11:46 AM
    Thank you all for the advice and inputs!!



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  • Pineapple
    10-13 10:28 AM
    If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
    Once we have some people, we can plan and set up appointments over the next few weeks.




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  • dano
    05-04 04:57 PM
    Can anybody recommend a good attorney in the DC metro area, I am trying to start the GC process and as I understand the LC (EB3 ROW) portion is very important and challenging currently.

    I've heard of Murthy Law Firm and some other big name (in DC).
    I've also looked at Ryan & Taylor based in Reisterstown, MD (same as Murthy).

    thanks for your help!

    -dan



    more...

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  • jordanwillium
    02-17 02:31 AM
    I received a duplicate order from Hewlett-Packard. Per the customer service person I was instructed to remove the shipping label and write the return number on the box, then call Fed Ex for a pickup, all of which I did. Now, a few weeks later my credit card account has not been credited. I've called the customer service people several times, and received a transmitting tracking number for the return. I've called Fed Ex who say what I have is not adequate to track the item supposedly sitting at their warehouse. I've spoken to the supervisor at HP, and she, like everyone else, keeps referring my problem to the "return specialist", who is supposed to query Fed Ex about this, but nothing happens. Their excuse is that they don't have the actual tracking number to do this. One HP rep I spoke to told me that the return item had not been scanned since the initiation of the return, implying negligence. Yeah somebody dropped the ball. Where do I go next to get some action taken?




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  • Blog Feeds
    10-28 01:10 PM
    AILA Leadership Has Just Posted the Following:
    The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.

    The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.

    Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.

    Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.





    More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)



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  • anyluck?
    06-18 12:58 AM
    Hi

    My wife is on H4 visa.She got an offer from Non profit organization and they are ready to do H1B.As it is Non profit Organization is that correct she can start working as soon as H1B is approved.

    Is it possible to Transfer H1b in future to regular company if H1B quota exists.

    Are there any restrictions involved.

    Can any one please shed some light for me.

    Thanks




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  • kannan
    11-17 05:30 PM
    I-94 was attached.



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  • Stcuk
    10-31 07:02 AM
    Recently , a friend of mine who lost his job while on EAD had these questions.

    1. He has EAD and H1B both valid till 2010. What should he use to get a jbo, ead ot h1b, what are some of the good reasons to avoid using ead as ar as possible?

    2. Is he eligible for unemployment allowance.

    If there is any thread where these have been answered please direct me there. Thanks




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  • dan19
    09-07 11:44 PM
    thx 4 ur replies



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  • coopheal
    05-21 10:27 AM
    Hi,

    I posted this thread with my assumptions using the May 2010 demand data and Pending 485 report 09/09

    Source:- EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)


    Any thoughts in this gurus !

    See the spreadsheet for details

    thx
    mr

    You analysis is inaccurate and misguided.

    Look at the top table which shows data released by DOS. Last month 75 application have been reduced and in month back 100 applications were reduced.

    This is really really bad sign for EB3 and even for EB2.




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  • howzatt
    08-08 11:56 AM
    comeon..So now why we are going to try to make some deductions based on self-filing and lawyer-based applications?

    Please stop this. Please do your best to reduce clutter on the site.

    Also, shameless bump




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  • jangolouis
    03-19 10:43 AM
    I had to go through the same process last year. The day i went for the interview, there were 3 other PhDs with me to get their H1B stamped. It took me 7 weeks to get the passport back and for others it took longer. Calling embassy will not expedite the process. Call Department of State and ask for the update. I know its frustrating.




    neeidd
    07-19 12:41 AM
    Hi Friends,

    I just want to say, I just contributed $100 (Confirmation Number: 2XJ23352J19006734) and this is my first contribution ever and have done it just for IV. And am very proud about this.

    I came to know about IV, 2 weeks ago when I heard of the flower campaign from my friend . We are very fortunate to have IV with us and thousands of users in IV helping each other.

    I am sure with out IV initiative , it would have been very hard to achieve what we got now. Thousands of people benefited as per yesterdays USCIS bulletin and thousands of people visiting IV every day for help. So please, lets show our gratitude to IV by contributing either one time payment or recurring. If atleast who ever benefited by July 17th bulletin contributes to IV, we can easily make $100k in July.

    Lets celebrate our success by contrubuting to IV and making July2007 as the highest contributed month in IV history.

    If I can do it, you can do it .

    Thanks




    amoschid
    07-18 04:04 PM
    i think this thread will give you an insight about how it works:

    http://immigrationvoice.org/forum/showthread.php?t=10428

    :D