Sunday, June 12, 2011

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  • sobers
    03-29 04:06 PM
    This should provide some food for thought for any standalone bill for skilled, legal immigrant reform, if it comes to that.

    With the contrbutions high skilled (EB) immigrants make to the country's innovation and competitveness, the much needed science and math skills they bring, and the high taxes they pay, it is clear such immigrants are a net gain to the economy.



    =--------------
    WALL STREET JOURNAL

    March 27, 2006, 3:10 pm
    The Numbers Behind the Numbers


    As Congress debates legislation that would double the number of visas available for highly-skilled workers, Census officials release numbers highlighting contributions by Asian-born immigrants to the U.S. economy.

    Of the 14 million Asians in the U.S., half of those over age 25 have at least a bachelor�s degree and 20% have a master�s degree or higher � the highest education level of any racial group.

    Median family income, at $57,500, also is the highest, with half of Asian Indians earning $69,000 or more. Asians owned 1.1 million owned businesses in 2004, up 24% since 1997, the Census Bureau fact sheet said.

    High tech executives have been lobbying heavily for an increase in the visa cap for high-skill workers, a majority of whom are Asians. All four versions of the immigration bill now before the Senate would double the number of so-called H1B temporary visas to 115,000 and also double the number of employment-based green cards to 290,000. Exemptions from those limits for students currently working on science and technology degrees in the U.S. � most of whom also are Asian � would increase high-skilled immigration still further if any of the bills becomes law.

    �June Kronholz





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  • NeedMiracles
    09-14 04:38 PM
    Details in my signature..





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  • computerClerk
    06-11 05:26 PM
    Kris,

    This is a similar advice (complaining to DOL) that you gave me about my employer's non payment for 4 months.

    Would you kindly elaborate on what kind of protection an employee has, once he complains to DOL about employer and the employer retaliates by firing employee and revoking his petition.

    Thanks

    Gaurav.

    1. Send an email to the employer
    2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
    3. If you have not received your dues, complain to your DOL immediately

    I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.

    - cheers
    kris





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  • s416504
    08-31 04:52 PM
    Attorney..... please REPLY ....

    Hi,

    I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:

    My qualification: Diploma in electronics and communication Engg in India
    (3 years diploma after 10th)

    Years of experience: Since 1991 in IT (About 20 YRs)

    Green card process: EB3 Approved labor and 140.

    Situation: When I contacted one of the university in USA they informed me that I can
    do the Masters instead of BS online degree.

    My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?

    My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?

    Thanks in advance



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  • gapala
    02-09 09:54 AM
    You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.

    This may not fly because, both are considered different legal entities. The time that you have worked for A from Oct 05 to Aug 06 till the date H1B Transfer was filed from C to A, your employment will be considered unauthorized.

    You need to immediately contact a good lawyer to evaluate your situation and options. I am sure they will find a way out.

    Your case is slightly different than working for multiple employers while on H1B.

    You can have multiple H1B's and work for multiple employers, given one of them is primary full time employment. This is perfectly legal and one of my friend has gone through this situation during his GC process. He did get an RFE and provided the details of both employments to CIS and they eventually approved his case. This was in 2004 though.





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  • sbmallik
    06-12 03:30 PM
    Yes, you can stay in US as long as your I-485 is pending. In order to work, you need EAD, which you can file at any point of time (even if the previous one gets expired). Please note that you have to wait for the I-765 approval before stating to work on EAD.



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  • gjoe
    10-03 02:41 PM
    First let us get USCIS to process our applications strictly based on PD. Then we will have more people for the rally because new PD date members would be more motivated to participate in the grassroot effort





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  • wandmaker
    08-11 01:47 AM
    Thanks for this info.
    Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
    With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
    BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
    My background check is okay.
    The problem is with the Employer!!

    (1) Unemployment Wage Report: All employers who are liable for unemployment insurance (UI) must file a tax and wage report for each quarter they are in business. Active employers should receive a printed report by mail during the last week of each quarter. The report must be filed by the due date. Employers must report all wages paid to employees. Consulate will be in a position to determine the stablity of the employer based on quarterly reports, which will give detailed insight about how company is doing.

    (2) Project Description: Consulate is interested in what you will be doing with the company once you land the USA. This is a free form letter issued in a company letter head addressing to Consulate (Delhi in your case).

    (3) Notarised list of Employee: Consulate can verify whether the number of employees mentioned in your document is same or higher; this can be tied to (1).

    (4) W2: Consulate will require annual tax return filed by employer to see how the company has performed in the last year and current state can be determined by (1)

    In my opinion, (1) , (2) and (4) is mandatory and (3) information can be obtained from (1) - without which your visa will not be issued.

    If your employer is not co-operative then I suggest you start looking for new employer.



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  • indyanguy
    06-30 05:18 PM
    Can any experts comment on this?





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  • spaceguy
    11-11 11:24 AM
    My friend has a multiple entry visitor visa for US which is valid till April 2009. However he has to visit in March 2009 and stay till around June 2009.
    Can someone please tell if the immigration officer during port of entry will be able to grant him stay of the usual 6 months on current visa even though it is expiring?
    Or if not, whether he can apply for new visitor visa stamping before expiry of the current one?
    Thanks for your advice

    As far as I know no need of another visa. The expiry date given by the IO at port of entry over rides the earlier expiry date on visa. One of my friends parent got his visa for 6 months. If the IO gives less than 6 months he can apply for extension how ever



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  • xlr8r
    09-28 10:48 AM
    Yes. You can file another FOIA to get the I-140 approval notice.

    You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

    A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

    I hope this helps.


    I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

    Again my original question can I submit another FOIA just to get the I-140 approval notice???





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  • crystal
    07-10 09:47 PM
    as we know the answer now
    can somebody close this thread before people start writing one after other their last name and center.



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  • yabadaba
    07-22 08:58 AM
    bump





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  • urpal
    09-16 07:47 AM
    I had to go through secondary inspection which took about 20 minutes at JFK.IO only verified and stamped AP. No other documents were requested. To be on safe side, I carried Pay Stubs, Education Documents and Office Identification card.



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  • nozerd
    01-15 01:34 PM
    Actually being a Defence employee is a positive. You can show proof of stronger connection to home country because of following.

    1) Pension that is available every month for life.

    2) Free treatment at Army Hospitals.

    3) Subsidised cost at Military Canteen facilities for provisions etc.





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  • kumar1
    10-10 01:40 PM
    Sorry, I am already married. :rolleyes:
    Marry me...i like funny people......

    /thread



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  • lostinbeta
    10-08 12:42 PM
    :o I don't think I have ever "seen" you uninspired eilsoe!





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  • ola
    06-13 01:33 PM
    Memphis, TN





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  • jonty_11
    05-21 05:47 PM
    You think its that easy to swing it our way with DEMS in power.....aint happenning.





    transpass
    08-02 06:25 PM
    is there any limitation in sending DHS 7001 to ombudsman?

    Because i already sent this form twice and no response so far. Should i send it third time?

    There we go again. Now we need to create another ombudsman to make sure current ombudsman office works straight...:p

    Call the BLACKHOLE aka cis office, get info about your case, and note the person's badge you spoke, time and day of your call, put it in a letter along with file 7001 and send to ombudsman's office (also mention in the letter that you filed 7001 couple of times earlier). You need to get hold of someone in ombudsman's office and be in constant touch through email or something...You should have been on the conference call past week...Next time you can participate and ask directly...





    gc28262
    07-15 05:43 PM
    This memo was discussed extensively on this forum in the past and many lawyers have given their opinion.

    Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.

    Here is the memo

    http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF

    Here is what Ron Gotcher said:
    I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.

    Here is another link:
    http://immigrationvoice.org/forum/506251-post13.html



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