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  • rbharol
    08-24 12:18 PM
    Master's and higher, outside US has to be in the STEM fields to qualify.
    Good. That means if you have STEM Masters and 3 years US experience then at the time SKIL comes to effect you can file 485 without waiting for PD if 140 was already approved by then. OR can file concurrently.





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  • bluekayal
    11-01 05:35 PM
    I am hoping to file I-140 next week or so based on an approved labor with PD of 2004. Any idea if it is possible to tie my Sch A 2006 PD with this older one? Thanks for your input!





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  • dpp
    12-02 03:44 PM
    Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).

    I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.

    Would appreciate any advice i can get. Thank you!

    Same thing happened to me as well yesterday. Mine is also EB2 April 2006 PD.





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  • askreddy
    12-11 11:57 PM
    Hi

    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)

    Thanks in advance.
    Sree



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  • anilsal
    08-05 07:58 PM
    tax returns. I do not think they expect you to list all the addresses that you stayed during the year.

    You will need to provide the address to the tax return where your state taxes were deducted for the most part of the year IMHO. But for your GC app, I am unsure.

    Have you consulted your lawyer? Send a PM to pappu maybe. He may get some answers from the IV lawyers.





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  • caca1225
    12-28 08:01 PM
    snram4,
    You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.

    No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.

    If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.

    Just because the CIR has a little be help to current H1B holders for EB cap exempt to immediate relatives of applicants , that doesn't make the bill a skilled-worker friendly than illegals friendly bill it supposed to be. Think about all these legal immigrants in order to get their green card, they would have spent more than 20k out of their pockets while the CIR only required $500 fine to get these illegals back in line with us, let alone the metal struggle to the long waiting nontransparent process. I'd rather not having this "benefits" than have to be forced to pay my hard earned money toward illegals' health, food stamp, education etc. Besides, after 6-years period finished, who knows if the cap to GC to all these illegals are shared with H1B? Let the free market eliminates US if that's what they're asking for. I can care less if I can get my GC or not while there're plenty of countries will welcome us skilled workers.



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  • walking_dude
    08-04 11:03 AM
    Now that the US Congress is in recess for 5 weeks, lets begin to get organized. It's a good time to visit our Reps and Senators as they will be in their constituencies.





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  • stuckinmuck
    06-15 04:14 PM
    06/15/2007: BEC Backlog Elimination and PERM Processing Status as of Today

    DOL reports that as of today there are only 48,600 cases remaining to process, out which only about 200 cases are RIR and the balance is the TR cases. This total balance amounces to 13% of total cases received which was 364,000 altogether.

    On PERM front, as we reported earlier, they had received more than 200,000 cases, out of which they processed 92%. At this time, denial rate is 20%, but they said the rate would keep going down.

    Couple of good news. They are improving the certification notice via e-mail just like the current sponsorship notice via email so that the employer can quickly get the status report and seek remedy, should the employers fail to receive the hard copy certified application or other issues. They will start this email notice services from July 2007.

    In July 2007, DOL is scheduled to publish a regulation in federal register to amend the current PERM application form, ETA 9089. The rule will be published with the two months comment period. Once the comment is reviewed and reflected, DOL will publish another rule with 90-day comment period on the revised form itself. The new ETA 9089 will not go into effect until March 2008. The new form will incorporate positive changes, particularly the H Section of the form.

    With reference to the Visa Bullen for July 2007 and any relief including unresponsive amendment of the labor certification, DOL is aware of the problem and will try to resolve such issues as soon as possible such that the applicants do not suffer from inability to file I-485 applications because of such delays.

    As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.



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  • vivache
    11-08 01:27 AM
    Hey Gurus. Any answers :)





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  • sbabunle
    08-23 06:19 PM
    I tried to educate some of the university students( MS) about our issue. They dont
    even care! Its seems like, they think, somebody else will take care of this



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  • ps57002
    09-30 08:37 AM
    My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.

    Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.

    My question...from anyone else's experience/info

    Will I get a RFE for the PERM LC hard copy or a rejection?

    How does that affect my pending EAD/485? think i know answer..all goes down, right?

    I hope I get a RFE, not rejectiong on 140.
    anyone have any info, experience, please share..





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  • humdesi
    11-07 12:23 AM
    No need to register PIO kid till 15 years of age.

    Where did you see this rule? Not mentioned anywhere here:

    http://www.indianembassy.org/policy/PIO/Introduction_PIO.html



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  • txh1b
    04-15 10:51 AM
    Loooong road ahead! Good luck. Hope it gets approved as it might be tough to get a labor approved in this economy.





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  • JunRN
    08-12 03:49 PM
    I think there are few applicants between July 4 to July 17 because this the period of limbo - no one knows what to do and waiting for the August VB. I would guess it would not even reach 10% of those who filed in July 1 to 3.

    Another guess is that the filers for July 20 to 31 are also many but not as many as July 1 to 3 filers.

    I would suspect that there will be many filers before the August 17 deadline and it could be as many as July 1 to 3 filers.



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  • Jerrome
    03-10 10:54 AM
    My wife when she went to india did the same. Means Submitted all the i-94 including the one which was with the 797.

    While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.

    When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.


    I had to apply for the extension because i did't have any proof with me for my wife on the i-94.





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  • nosightofgc
    02-08 02:05 PM
    I completely agree with you. A lot of people complain thatcomapnies hire H1B employees because they are cheap. But I know that I am the highest paid in my group (and I am the only foriegn person in the group. Further when we had head count in the last year for three positions, we could not get enough resumes or hire any one due to lack of candidates with the required skills. At then end we lost the head count. And we have restrictions in our companyto hire any H1B.


    I think this kind of a thing is going to happen more and more in the future. If you cut-off H1-b supply, choke green card process for legal immigrants (would-be), throw spanners into the wheels of a slowing economy by ill-thought restriction-ist policies, how are the companies going to survive (and rake in the moolah for the investors, get fat bonuses to the CEOs etc)? Its just not possible to hire some citizen who happens to be lying around without work, it just doesnt work that way. Skill-set counts. Otherwise, we would have seen a lot more citizens (whites specifically) around our work-places (software/hardware development). It is not pure coincidental and only to reduce wages that one finds tonnes and tonnes of Chinese/Indian folks slogging around in tech offices. Around 2005 when our company (big storage giant) was trying to hire for our Software development team, we couldnt find many candidates even to interview for regular Network programming (C/C++ types) jobs..so we had to go and hire an entry level graduate (MS), a white guy who had no programming skills (was a Project Mgr earlier, and looking for job) and another Developer from Canada. Ofcourse, I didnt even clear the guy with no programming skills but my manager took him anyway as we were not even finding folks to interview..and the guy left after a couple of months unable to cope with programming related challenges..Long story short, you need the right set of people to work the right set of jobs!

    This is something that idiots like Grasslet/Sessions/King etc will never understand. All they are trying to do is pander to a particular vote base and thats what they will continue to do.



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  • kshitijnt
    05-28 03:05 PM
    Despite increase in visa fees the service is getting poorer and poorer. The US consulate in India has from long time set a arbitrary exchange rate of 54 USD. Despite this and even after having approved petitions, etc, people are getting PIMS verifications, 221(g) etc for no reason. Not to mention the consulate appearance is mandatory and many travel to the location of the consulate.

    Despite charging boat loads of money, service is being denied or unreasonably delayed to most genuine cases as well. No body is questioning them on customer satisfaction etc.

    I filed my 485 under new fees filing structure. Although it looked like expensive upfront cost, I don't pay a dime for my EAD/AP renewals and I am thinking of giving up my H1 when it expires later this year. Why pay them more when you dont have to? and put ourselves through, travel to consulates, additional questions, & 221(g) & PIMS crap?

    This year Mumbai consulate took 3 months to process my wife's case , putting it under 221(g) and by the time they had finished processing , we were back in US on AP. Good riddance to the consulate.





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  • jaireddy
    05-18 10:10 AM
    1. You should be 100% confident that it is not your attorney who screwed up
    2. Be able to convince anyone in 10 minutes that you filed within the timeline with evidence of receipt numbers, etc. The evidence is what counts.





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  • fromnaija
    03-08 05:53 PM
    Did you file to change to H4 after your H1 transfer was rejected? If you did not, you might want to talk to a lawyer as you may probably be out of status.

    Hi,
    My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.





    ksarin1
    01-13 01:52 PM
    I understand what you're saying.

    I just want to know what should be done moving forward.





    number30
    03-05 07:30 PM
    It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.

    If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic



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