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GCwaitforever
04-06 05:34 PM
'Masala Dosa' and I met with staff of Senators Mel Martinez and Bill Nelson. The meetings went very well. We had the opportunity to see the compromise announcement on the floor while we were in the office of Senator Martinez. That was a good deal.
We talked about IV, our individual cases, the need for reform and possible amendments the Senators could raise - like parity with agricultural workers (ability to self-sponser greencard), I-485 application even when priority not current, backlog elimination center update and the need to push it through, support for existing immigration reform bill, explained why the hard country limit is bad for Indians, Chinese and Philippinos and urged them to talk about keeping the limit at 10% and yet allowing unused numbers to flow to India and China.
One observation we had was that the staff had no clue what is the difference between H-1B and Greencard processing. So we spent some time educating them about how the quotas are formed, the caps etc ...
We have them all the material mentioned in the IV site for reading. Hopefully the feedback trickles down to the Senators and we get to have some of our amendments. The best part of it whether these amendments come or not is that we made an attempt to explain our problems to Senators.
Overall, it was a fruitful trip, and a well spent day. I will continue to follow up with the Senators office and keep in touch with the staff. 'Masala Dosa' will follow up with staff at his place.
We need to move on to the next step and target who would be on the committee for reconciling House and Senate versions. I am looking forward to folks who are knowledgeable in this matter to come forward and give the info.
Let us make this bill through this time and get our greencards. :D
We talked about IV, our individual cases, the need for reform and possible amendments the Senators could raise - like parity with agricultural workers (ability to self-sponser greencard), I-485 application even when priority not current, backlog elimination center update and the need to push it through, support for existing immigration reform bill, explained why the hard country limit is bad for Indians, Chinese and Philippinos and urged them to talk about keeping the limit at 10% and yet allowing unused numbers to flow to India and China.
One observation we had was that the staff had no clue what is the difference between H-1B and Greencard processing. So we spent some time educating them about how the quotas are formed, the caps etc ...
We have them all the material mentioned in the IV site for reading. Hopefully the feedback trickles down to the Senators and we get to have some of our amendments. The best part of it whether these amendments come or not is that we made an attempt to explain our problems to Senators.
Overall, it was a fruitful trip, and a well spent day. I will continue to follow up with the Senators office and keep in touch with the staff. 'Masala Dosa' will follow up with staff at his place.
We need to move on to the next step and target who would be on the committee for reconciling House and Senate versions. I am looking forward to folks who are knowledgeable in this matter to come forward and give the info.
Let us make this bill through this time and get our greencards. :D
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doubleyou
03-09 07:57 PM
Any body has a soft LUD on approved EAD while I 485 pending.
gc_kaavaali
07-23 10:28 AM
My 485, 140, previous EAD, AP had LUD yesterday and today too.
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Blog Feeds
08-16 08:50 PM
According to KPBS, A bill to strengthen the U.S.-Mexico border could be a mixed blessing for San Diego. That's because paying for more for border security will require a hike in H1B visas.
The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker can apply for a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or must leave the US.
The regulations define a �specialty occupation� as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor�s degree or its equivalent as a minimum (with the exception of fashion models, who must be "of distinguished merit and ability".) Likewise, the foreign worker must possess at least a bachelor�s degree or its equivalent and state licensure, if required to practice in that field.
Duane Roth, CEO of the biotech support group Connect, said that could make it more difficult for San Diego businesses to hire qualified workers. He said higher costs for H1B visas may also encourage more companies to outsource.
"A company may consider whether it's better to open a facility in a foreign country and hire the workers that are already there, versus the ability to bring some here to fill the opening jobs," said Roth.
He said the U.S. education system is not producing enough scientists and engineers to staff high-tech companies in San Diego.
I feel that another H1B fee hike will be a death blow to the possibility of retaining talented workers in the US and for small US companies to expand business.
Read the KPBS article here (http://www.kpbs.org/news/2010/aug/16/border-bill-could-hamper-san-diego-high-techs/)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_lawyer_b_1.html)
The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker can apply for a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or must leave the US.
The regulations define a �specialty occupation� as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor�s degree or its equivalent as a minimum (with the exception of fashion models, who must be "of distinguished merit and ability".) Likewise, the foreign worker must possess at least a bachelor�s degree or its equivalent and state licensure, if required to practice in that field.
Duane Roth, CEO of the biotech support group Connect, said that could make it more difficult for San Diego businesses to hire qualified workers. He said higher costs for H1B visas may also encourage more companies to outsource.
"A company may consider whether it's better to open a facility in a foreign country and hire the workers that are already there, versus the ability to bring some here to fill the opening jobs," said Roth.
He said the U.S. education system is not producing enough scientists and engineers to staff high-tech companies in San Diego.
I feel that another H1B fee hike will be a death blow to the possibility of retaining talented workers in the US and for small US companies to expand business.
Read the KPBS article here (http://www.kpbs.org/news/2010/aug/16/border-bill-could-hamper-san-diego-high-techs/)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_lawyer_b_1.html)
more...
chinna2003
05-15 10:15 AM
I realize the miscommunication on my part so I apologize to my previous post that i didnt understand the reply.
I meant to ask if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer .As a dependent I am aware that I can be without a job.
EB3 PD is Feb 2005
I 140 approved filed 02/2006
I485 07/2007
RFE for EVL April 2009 submitted
I meant to ask if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer .As a dependent I am aware that I can be without a job.
EB3 PD is Feb 2005
I 140 approved filed 02/2006
I485 07/2007
RFE for EVL April 2009 submitted
diptam
06-05 06:23 PM
They ask you to write A# or Alien# but not the Receipt Number.
Check out the A# in 485/EAD/AP/140 - they should be ideally in synch. If not put the A# from the 485 application because that overrides everything and is still pending....
Hi Guys,
In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.
What number should we write? I-485 receipt number or receipt number for last EAD?
Can someone please respond?
Thanks
Check out the A# in 485/EAD/AP/140 - they should be ideally in synch. If not put the A# from the 485 application because that overrides everything and is still pending....
Hi Guys,
In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.
What number should we write? I-485 receipt number or receipt number for last EAD?
Can someone please respond?
Thanks
more...
sgudge
02-12 05:37 PM
My mother recently got a tourist visa for 10 years. I know that when she enters USA she will get I-94 which will be valid for 6 months, and she has to go back before the I-94 expires. My question is:
1) Can she go back to India for say 2 months and come back to US to stay for another 6 months?
Ex: she comes on 1st Jan 2011 , goes back 31st June 2011 , then stay for couple of months in India and Again Come Back on 1st Sep and stay for more 6 months ?
According to my understanding tourist can stay only 6 months in USA in a calendar year, provided they don’t apply for extension, is it true?
2) What if she comes on 1st Jan 2011 stays for 6 months, applies for 6 months extension gets it.
Goes back in month of Dec. stays for 2 months and again comes on March 1st 2012, will she face any problem at port of entry? Due to her extension she took on her last visit?
Please help me understand pros and corns? What is the best way to use 10 years tourist visa to stay in USA legally to Maximum period.
1) Can she go back to India for say 2 months and come back to US to stay for another 6 months?
Ex: she comes on 1st Jan 2011 , goes back 31st June 2011 , then stay for couple of months in India and Again Come Back on 1st Sep and stay for more 6 months ?
According to my understanding tourist can stay only 6 months in USA in a calendar year, provided they don’t apply for extension, is it true?
2) What if she comes on 1st Jan 2011 stays for 6 months, applies for 6 months extension gets it.
Goes back in month of Dec. stays for 2 months and again comes on March 1st 2012, will she face any problem at port of entry? Due to her extension she took on her last visit?
Please help me understand pros and corns? What is the best way to use 10 years tourist visa to stay in USA legally to Maximum period.
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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.
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.
more...
tabletpc
12-22 12:55 PM
Here is my situation..
I was working for company A and had company A Visa on PP valid untill 2010. Now I came under company B with same job descripton. Company B filed for H1b transfer 2 weeks back for which we have not received LIN number yet.
My questiosn are..
1. Can I visit india while my tranfer is pending...???
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
Greatly apprecite if you can share your suggestions/expereince on this....
Thanks
I was working for company A and had company A Visa on PP valid untill 2010. Now I came under company B with same job descripton. Company B filed for H1b transfer 2 weeks back for which we have not received LIN number yet.
My questiosn are..
1. Can I visit india while my tranfer is pending...???
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
Greatly apprecite if you can share your suggestions/expereince on this....
Thanks
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nviren
05-24 07:09 PM
Hi people here,
I need your help.
My company, a consulting firm, received an intent to deny notice for my labor application. (They received it in 1st week of may and a** telling me now. Needs to be replied by Jun 1st)
The lawyer and HR tell me that I have to get letters from my managers at my different clients explaining why they needed BS + 5 years of experience for the position and why they need certain set of skills.
If anybody has experience in dealing with such notice, please give me your inputs. How do you justify a need of 5 years experience in tangible and intangible terms?
TIA.
I need your help.
My company, a consulting firm, received an intent to deny notice for my labor application. (They received it in 1st week of may and a** telling me now. Needs to be replied by Jun 1st)
The lawyer and HR tell me that I have to get letters from my managers at my different clients explaining why they needed BS + 5 years of experience for the position and why they need certain set of skills.
If anybody has experience in dealing with such notice, please give me your inputs. How do you justify a need of 5 years experience in tangible and intangible terms?
TIA.
more...
maximus
11-07 12:36 PM
I think cash for clunkers did this GDP increment, to an extent artificial. But still banks are reluctant to give loans to small business. Let us hope consumer spending increases next year leading to the natural increment of GDP
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supu
05-02 09:59 PM
The big Brand Law firms want to charge more than 3000$ for this.
But the small ones are willing to do this at less than half of that.
So i guess i will go with the smaller onces
But the small ones are willing to do this at less than half of that.
So i guess i will go with the smaller onces
more...
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Pagal
04-06 08:18 AM
Hello,
As was discussed in the past on this forum, USC may have meant something for 20th century, but in 21st, USC does not offer any preferential advantage over other passports (unless you hold passport of problem childs like Iran, Sudan, Cuba etc).
At the end of day, its a personal choice, so let people be happy with whatever citizenship they choose... :)
As was discussed in the past on this forum, USC may have meant something for 20th century, but in 21st, USC does not offer any preferential advantage over other passports (unless you hold passport of problem childs like Iran, Sudan, Cuba etc).
At the end of day, its a personal choice, so let people be happy with whatever citizenship they choose... :)
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dealsnet
05-04 04:56 PM
Even though at will employment, you can ask for ticket. When they applied for your petition, they agreed for all laws governing H1B. No excuse for them. If they do not agree, contact the labor department.
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
more...
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ajithkumar
04-26 05:49 AM
Hi
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
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longwait4gc
09-28 08:20 PM
I am EB2, Indian. Filed for PERM earlier this summer and waiting for approval which I don't expect for another 4-6 months. The situation is that my company is in a very shaky financial position but they have been very supportive and I am hoping to be okay for the next 6 mo to year. My strategy is (assuming I don't lose my job) to just sit out my I-140 approval and that way I get the 3-yr extension and lock in my PD. I don't see being able to file for I-485 at this job.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
more...
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waitforgc1
02-26 09:37 PM
Once your H1b application gets selected you cannot work until atleast oct 01 2009 which is usually start date on the approval. the date may not be exactly oct 01 but it will be certainly in that range.
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austingc
04-30 03:05 PM
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
thank you wandmaker.
thank you wandmaker.
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ho_gaya_kaya_?
11-18 10:45 PM
Do you have the rejection letter along with the returned application or is that with the lawyer?
IMHO- it will better to resend the application that got rejected- rather than sending a fresh application
I was in a similar situation - when my wifes application was lost
my lawyer suggested- an i agreed- that we wait for her app to show up rather than reconstructing a new one
Also the rejection letter will have complete instructions on how to refile
if for some reason you are not getting cooperation from your lawyer- get a new lawyer- If I were you- I wouldn't try to re-file with a lawyer...
IMHO- it will better to resend the application that got rejected- rather than sending a fresh application
I was in a similar situation - when my wifes application was lost
my lawyer suggested- an i agreed- that we wait for her app to show up rather than reconstructing a new one
Also the rejection letter will have complete instructions on how to refile
if for some reason you are not getting cooperation from your lawyer- get a new lawyer- If I were you- I wouldn't try to re-file with a lawyer...
waitingnwaiting
11-18 04:26 PM
Should out of status H1Bs be locked up or deported... - Dice Discussions (http://community.dice.com/t5/Tech-Market-Conditions/Should-out-of-status-H1Bs-be-locked-up-or-deported/td-p/196283)
H1B Immigrants are fighting with each other on websites and here antis are discussing this
H1B Immigrants are fighting with each other on websites and here antis are discussing this
EB3_SEP04
08-18 10:29 PM
how we applied for expedite advance parole thru the phone - VisaJourney.com (http://www.visajourney.com/forums/index.php?showtopic=177190)
I used these instructions to expedite my wife's AP based on "medical emergency". USCIS did not send me letter asking for evidence of emergency, instead just approved the case the next day. I had taken infopass appt but cancelled it when i saw approval email. some people who went to infopass have been told that AP cannot be expedited at local office and must be done by phone.
File at : Texas Service Center
Method: Paper based
Filed on : 7/24/09
Received by USCIS : 7/27/09
Receipt notice date: 7/28/09
Called USCIS to expedite: 8/10/09
Approval email : 8/11/09
Received approved AP by mail : 8/14/09
-Basically have all info ready (ap receipt notice #, A#, 485 receipt notice #, SSN, date of birth, email address etc).
- If this is your wife's case, have her in the conference as USCIS will not talk to you without her permission.
-Call the ph # on the receipt notice and follow the prompts
-Let the CS rep complete his/her script, and politely answer his/her questions.
-Rep will enter service request in the system and give you a conf # (which i don't know how to use, status is checked by receipt #).
-Rep will say you will receive letter from USCIS within 5 business days, asking to fax/mail the evidence of emergency. be prepared to fax the evidence as soon as you receive letter OR EMAIL. yes they may send you email the second day which is actually better/faster.
*** You may or may not receive the letter from USCIS asking for evidence, in case you don't get one, you may simply receive approval.
Hope this helps anyone looking to expedite AP.
I used these instructions to expedite my wife's AP based on "medical emergency". USCIS did not send me letter asking for evidence of emergency, instead just approved the case the next day. I had taken infopass appt but cancelled it when i saw approval email. some people who went to infopass have been told that AP cannot be expedited at local office and must be done by phone.
File at : Texas Service Center
Method: Paper based
Filed on : 7/24/09
Received by USCIS : 7/27/09
Receipt notice date: 7/28/09
Called USCIS to expedite: 8/10/09
Approval email : 8/11/09
Received approved AP by mail : 8/14/09
-Basically have all info ready (ap receipt notice #, A#, 485 receipt notice #, SSN, date of birth, email address etc).
- If this is your wife's case, have her in the conference as USCIS will not talk to you without her permission.
-Call the ph # on the receipt notice and follow the prompts
-Let the CS rep complete his/her script, and politely answer his/her questions.
-Rep will enter service request in the system and give you a conf # (which i don't know how to use, status is checked by receipt #).
-Rep will say you will receive letter from USCIS within 5 business days, asking to fax/mail the evidence of emergency. be prepared to fax the evidence as soon as you receive letter OR EMAIL. yes they may send you email the second day which is actually better/faster.
*** You may or may not receive the letter from USCIS asking for evidence, in case you don't get one, you may simply receive approval.
Hope this helps anyone looking to expedite AP.
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